REPUBLIC ACT No.

9344 abuse, cruelty and exploitation, and other conditions prejudicial to their
development.
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF (d) Pursuant to Article 40 of the United Nations Convention on the Rights of the
JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Child, the State recognizes the right of every child alleged as, accused of,
adjudged, or recognized as having infringed the penal law to be treated in a
Be it enacted by the Senate and House of Representatives of the Philippine Congress
manner consistent with the promotion of the child's sense of dignity and worth,
Assembled:
taking into account the child's age and desirability of promoting his/her
TITLE I reintegration. Whenever appropriate and desirable, the State shall adopt
GOVERNING PRINCIPLES measures for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal safeguards are fully
CHAPTER 1 respected. It shall ensure that children are dealt with in a manner appropriate to
TITLE, POLICY AND DEFINITION OF TERMS their well-being by providing for, among others, a variety of disposition measures
Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and such as care, guidance and supervision orders, counseling, probation, foster care,
Welfare Act of 2006." It shall cover the different stages involving children at risk and education and vocational training programs and other alternatives to
children in conflict with the law from prevention to rehabilitation and reintegration. institutional care.

SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all (e) The administration of the juvenile justice and welfare system shall take into
times: consideration the cultural and religious perspectives of the Filipino people,
particularly the indigenous peoples and the Muslims, consistent with the
(a) The State recognizes the vital role of children and youth in nation building and protection of the rights of children belonging to these communities.
shall promote and protect their physical, moral, spiritual, intellectual and social
well-being. It shall inculcate in the youth patriotism and nationalism, and (f) The State shall apply the principles of restorative justice in all its laws, policies
encourage their involvement in public and civic affairs. and programs applicable to children in conflict with the law.

(b) The State shall protect the best interests of the child through measures that SEC. 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any of the
will ensure the observance of international standards of child protection, provisions of this Act, including its implementing rules and regulations (IRRs), shall be
especially those to which the Philippines is a party. Proceedings before any construed liberally in favor of the child in conflict with the law.
authority shall be conducted in the best interest of the child and in a manner SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as
which allows the child to participate and to express himself/herself freely. The follows:
participation of children in the program and policy formulation and
implementation related to juvenile justice and welfare shall be ensured by the (a) "Bail" refers to the security given for the release of the person in custody of
concerned government agency. the law, furnished by him/her or a bondsman, to guarantee his/her appearance
before any court. Bail may be given in the form of corporate security, property
(c) The State likewise recognizes the right of children to assistance, including bond, cash deposit, or recognizance.
proper care and nutrition, and special protection from all forms of neglect,

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(b) "Best Interest of the Child" refers to the totality of the circumstances and as rehabilitation of the child in conflict with the law, for reintegration into his/her
conditions which are most congenial to the survival, protection and feelings of family and/or community.
security of the child and most encouraging to the child's physical, psychological
(g) "Court" refers to a family court or, in places where there are no family courts,
and emotional development. It also means the least detrimental available
any regional trial court.
alternative for safeguarding the growth and development of the child.
(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or
(e) "Child" refers to a person under the age of eighteen (18) years.
to the placement of a child in conflict with the law in a public or private custodial
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of setting, from which the child in conflict with the law is not permitted to leave at
committing criminal offenses because of personal, family and social will by order of any judicial or administrative authority.
circumstances, such as, but not limited to, the following:
(i) "Diversion" refers to an alternative, child-appropriate process of determining
(1) being abused by any person through sexual, physical, psychological, the responsibility and treatment of a child in conflict with the law on the basis of
mental, economic or any other means and the parents or guardian his/her social, cultural, economic, psychological or educational background
refuse, are unwilling, or unable to provide protection for the child; without resorting to formal court proceedings.

(2) being exploited including sexually or economically; (j) "Diversion Program" refers to the program that the child in conflict with the
law is required to undergo after he/she is found responsible for an offense
(3) being abandoned or neglected, and after diligent search and inquiry,
without resorting to formal court proceedings.
the parent or guardian cannot be found;
(k) "Initial Contact With-the Child" refers to the apprehension or taking into
(4) coming from a dysfunctional or broken family or without a parent or
custody of a child in conflict with the law by law enforcement officers or private
guardian;
citizens. It includes the time when the child alleged to be in conflict with the law
(5) being out of school; receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of
Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same
(6) being a streetchild; Rule in cases that do not require preliminary investigation or where there is no
(7) being a member of a gang; necessity to place the child alleged to be in conflict with the law under
immediate custody.
(8) living in a community with a high level of criminality or drug abuse;
and (I) "Intervention" refers to a series of activities which are designed to address
issues that caused the child to commit an offense. It may take the form of an
(9) living in situations of armed conflict. individualized treatment program which may include counseling, skills training,
education, and other activities that will enhance his/her psychological, emotional
(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of,
and psycho-social well-being.
or adjudged as, having committed an offense under Philippine laws.
(m) "Juvenile Justice and Welfare System" refers to a system dealing with
(f) "Community-based Programs" refers to the programs provided in a
children at risk and children in conflict with the law, which provides child-
community setting developed for purposes of intervention and diversion, as well
appropriate proceedings, including programs and services for prevention,

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diversion, rehabilitation, re-integration and aftercare to ensure their normal functioning individuals. Physical mobility of residents of said centers may be
growth and development. restricted pending court disposition of the charges against them.

(n) "Law Enforcement Officer" refers to the person in authority or his/her agent (u) "Victimless Crimes" refers to offenses where there is no private offended
as defined in Article 152 of the Revised Penal Code, including a barangay tanod. party.

(0) "Offense" refers to any act or omission whether punishable under special CHAPTER 2
laws or the Revised Penal Code, as amended. PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law
parent or custodian who shall be responsible for the appearance in court of the shall have the following rights, including but not limited to:
child in conflict with the law, when required.
(a) the right not to be subjected to torture or other cruel, inhuman or degrading
(q) "Restorative Justice" refers to a principle which requires a process of treatment or punishment;
resolving conflicts with the maximum involvement of the victim, the offender
(b) the right not to be imposed a sentence of capital punishment or life
and the community. It seeks to obtain reparation for the victim; reconciliation of
imprisonment, without the possibility of release;
the offender, the offended and the community; and reassurance to the offender
that he/she can be reintegrated into society. It also enhances public safety by (c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty;
activating the offender, the victim and the community in prevention strategies. detention or imprisonment being a disposition of last resort, and which shall be
for the shortest appropriate period of time;
(r) "Status Offenses" refers to offenses which discriminate only against a child,
while an adult does not suffer any penalty for committing similar acts. These shall (d) the right to be treated with humanity and respect, for the inherent dignity of
include curfew violations; truancy, parental disobedience and the like. the person, and in a manner which takes into account the needs of a person of
his/her age. In particular, a child deprived of liberty shall be separated from adult
(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed
offenders at all times. No child shall be detained together with adult offenders.
by accredited local government units (LGUs) and licensed and/or accredited
He/She shall be conveyed separately to or from court. He/She shall await hearing
nongovernment organizations (NGOs) providing short-term residential care for
of his/her own case in a separate holding area. A child in conflict with the law
children in conflict with the law who are awaiting court disposition of their cases
shall have the right to maintain contact with his/her family through
or transfer to other agencies or jurisdiction.
correspondence and visits, save in exceptional circumstances;
(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility
(e) the right to prompt access to legal and other appropriate assistance, as well
managed by the Department of Social Welfare and Development (DSWD), LGUs,
as the right to challenge the legality of the deprivation of his/her liberty before a
licensed and/or accredited NGOs monitored by the DSWD, which provides care,
court or other competent, independent and impartial authority, and to a prompt
treatment and rehabilitation services for children in conflict with the law.
decision on such action;
Rehabilitation services are provided under the guidance of a trained staff where
residents are cared for under a structured therapeutic environment with the end (f) the right to bail and recognizance, in appropriate cases;
view of reintegrating them into their families and communities as socially
(g) the right to testify as a witness in hid/her own behalf under the rule on
examination of a child witness;
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 (h) the right to have his/her privacy respected fully at all stages of the The exemption from criminal liability herein established does not include exemption from
proceedings; civil liability, which shall be enforced in accordance with existing laws.

(i) the right to diversion if he/she is qualified and voluntarily avails of the same; SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the
presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law
(j) the right to be imposed a judgment in proportion to the gravity of the offense
until he/she is proven to be eighteen (18) years old or older. The age of a child may be
where his/her best interest, the rights of the victim and the needs of society are
determined from the child's birth certificate, baptismal certificate or any other pertinent
all taken into consideration by the court, under the principle of restorative
documents. In the absence of these documents, age may be based on information from
justice;
the child himself/herself, testimonies of other persons, the physical appearance of the
(k) the right to have restrictions on his/her personal liberty limited to the child and other relevant evidence. In case of doubt as to the age of the child, it shall be
minimum, and where discretion is given by law to the judge to determine resolved in his/her favor.
whether to impose fine or imprisonment, the imposition of fine being preferred
Any person contesting the age of the child in conflict with the law prior to the filing of the
as the more appropriate penalty;
information in any appropriate court may file a case in a summary proceeding for the
(I) in general, the right to automatic suspension of sentence; determination of age before the Family Court which shall decide the case within twenty-
four (24) hours from receipt of the appropriate pleadings of all interested parties.
(m) the right to probation as an alternative to imprisonment, if qualified under
the Probation Law; If a case has been fiied against the child in conflict with the law and is pending in the
appropriate court, the person shall file a motion to determine the age of the child in the
(n) the right to be free from liability for perjury, concealment or same court where the case is pending. Pending hearing on the said motion, proceedings
misrepresentation; and on the main case shall be suspended.
(o) other rights as provided for under existing laws, rules and regulations. In all proceedings, law enforcement officers, prosecutors, judges and other government
The State further adopts the provisions of the United Nations Standard Minimum Rules officials concerned shall exert all efforts at determining the age of the child in conflict with
for the Administration of Juvenile Justice or "Beijing Rules", United Nations Guidelines for the law.
the Prevention of Juvenile Delinquency or the "Riyadh Guidelines", and the United TITLE II
Nations Rules for the Protection of Juveniles Deprived of Liberty. STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare
under at the time of the commission of the offense shall be exempt from criminal liability. Council (JJWC) is hereby created and attached to the Department of Justice and placed
However, the child shall be subjected to an intervention program pursuant to Section 20 under its administrative supervision. The JJWC shall be chaired by an undersecretary of
of this Act. the Department of Social Welfare and Development. It shall ensure the effective
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be implementation of this Act and coordination among the following agencies:
exempt from criminal liability and be subjected to an intervention program, unless he/she (a) Council for the Welfare of Children (CWC);
has acted with discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act. (b) Department of Education (DepEd);

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 (c) Department of the Interior and Local Government (DILG); The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The
Secretary of Justice and the Secretary of Social Welfare and Development shall determine
(d) Public Attorney's Office (PAO);
the organizational structure and staffing pattern of the JJWC.
(e) Bureau of Corrections (BUCOR);
The JJWC shall coordinate with the Office of the Court Administrator and the Philippine
(f) Parole and Probation Administration (PPA) Judicial Academy to ensure the realization of its mandate and the proper discharge of its
duties and functions, as herein provided.
(g) National Bureau of Investigation (NBI);
SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties and
(h) Philippine National Police (PNP);. functions:
(i) Bureau of Jail Management and Penology (BJMP); (a) To oversee the implementation of this Act;
(i) Commission on Human Rights (CHR); (b) To advise the President on all matters and policies relating to juvenile justice
(k) Technical Education and Skills Development Authority (TESDA); and welfare;

(l) National Youth Commission (NYC); and (c) To assist the concerned agencies in the review and redrafting of existing
policies/regulations or in the formulation of new ones in line with the provisions
(m) Other institutions focused on juvenile justice and intervention programs. of this Act;

The JJWC shall be composed of representatives, whose ranks shall not be lower than (d) To periodically develop a comprehensive 3 to 5-year national juvenile
director, to be designated by the concerned heads of the following departments or intervention program, with the participation of government agencies concerned,
agencies: NGOs and youth organizations;

(a) Department of Justice (DOJ); (e) To coordinate the implementation of the juvenile intervention programs and
activities by national government agencies and other activities which may have
(b) Department of Social Welfare and Development (DSWD);
an important bearing on the success of the entire national juvenile intervention
(c) Council for the Welfare of Children (CWC) program. All programs relating to juvenile justice and welfare shall be adopted in
consultation with the JJWC;
(d) Department of Education (DepEd);
(f) To formulate and recommend policies and strategies in consultation with
(e) Department of the Interior and Local Government (DILG)
children for the prevention of juvenile delinquency and the administration of
(f) Commission on Human Rights (CHR); justice, as well as for the treatment and rehabilitation of the children in conflict
with the law;
(g) National Youth Commission (NYC); and
(g) To collect relevant information and conduct continuing research and support
(h) Two (2) representatives from NGOs, one to be designated by the Secretary of evaluations and studies on all matters relating to juvenile justice and welfare,
Justice and the other to be designated by the Secretary of Social Welfare and such as but not limited to:
Development.

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 (1) the performance and results achieved by juvenile intervention accordance with the Constitution and international instruments on human rights. The CHR
programs and by activities of the local government units and other shall strengthen the monitoring of government compliance of all treaty obligations,
government agencies; including the timely and regular submission of reports before the treaty bodies, as well as
the implementation and dissemination of recommendations and conclusions by
(2) the periodic trends, problems and causes of juvenile delinquency and
government agencies as well as NGOs and civil society.
crimes; and
TITLE III
(3) the particular needs of children in conflict with the law in custody.
PREVENTION OF JUVENILE DELINQUENCY
The data gathered shall be used by the JJWC in the improvement of the
CHAPTER 1
administration of juvenile justice and welfare system.
THE ROLE OF THE DIFFERENT SECTORS
The JJWC shall set up a mechanism to ensure that children are involved in
SEC. 12. The Family. - The family shall be responsible for the primary nurturing and
research and policy development.
rearing of children which is critical in delinquency prevention. As far as practicable and in
(h) Through duly designated persons and with the assistance of the agencies accordance with the procedures of this Act, a child in conflict with the law shall be
provided in the preceding section, to conduct regular inspections in detention maintained in his/her family.
and rehabilitation facilities and to undertake spot inspections on their own
SEC. 13. The Educational System. - Educational institutions shall work together with
initiative in order to check compliance with the standards provided herein and to
families, community organizations and agencies in the prevention of juvenile delinquency
make the necessary recommendations to appropriate agencies;
and in the rehabilitation and reintegration of child in conflict with the law. Schools shall
(i) To initiate and coordinate the conduct of trainings for the personnel of the provide adequate, necessary and individualized educational schemes for children
agencies involved in the administration of the juvenile justice and welfare system manifesting difficult behavior and children in conflict with the law. In cases where children
and the juvenile intervention program; in conflict with the law are taken into custody or detained in rehabilitation centers, they
should be provided the opportunity to continue learning under an alternative learning
(j) To submit an annual report to the President on the implementation of this system with basic literacy program or non- formal education accreditation equivalency
Act; and system.
(k) To perform such other functions as may be necessary to implement the SEC. 14. The Role of the Mass Media. - The mass media shall play an active role in the
provisions of this Act. promotion of child rights, and delinquency prevention by relaying consistent messages
SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government through a balanced approach. Media practitioners shall, therefore, have the duty to
agencies enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) maintain the highest critical and professional standards in reporting and covering cases of
year from the effectivity of this Act, draft policies and procedures consistent with the children in conflict with the law. In all publicity concerning children, the best interest of
standards set in the law. These policies and procedures shall be modified accordingly in the child should be the primordial and paramount concern. Any undue, inappropriate and
consultation with the JJWC upon the completion of the national juvenile intervention sensationalized publicity of any case involving a child in conflict with the law is hereby
program as provided under Section 9 (d). declared a violation of the child's rights.

SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the Commission SEC. 15. Establishment and Strengthening of Local Councils for the Protection of
on Human Rights shall ensure that the status, rights and interests of children are upheld in Children. - Local Councils for the Protection of Children (LCPC) shall be established in all
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levels of local government, and where they have already been established, they shall be assessment shall be submitted by the provincial and city governments to the JJWC not
strengthened within one (1) year from the effectivity of this Act. Membership in the LCPC later than March 30 of every year.
shall be chosen from among the responsible members of the community, including a
SEC. 19. Community-based Programs on Juvenile Justice and Welfare. - Community-
representative from the youth sector, as well as representatives from government and
based programs on juvenile justice and welfare shall be instituted by the LGUs through
private agencies concerned with the welfare of children.
the LCPC, school, youth organizations and other concerned agencies. The LGUs shall
The local council shall serve as the primary agency to coordinate with and assist the LGU provide community-based services which respond to the special needs, problems,
concerned for the adoption of a comprehensive plan on delinquency prevention, and to interests and concerns of children and which offer appropriate counseling and guidance
oversee its proper implementation. to them and their families. These programs shall consist of three levels:

One percent (1%) of the internal revenue allotment of barangays, municipalities and cities (a) Primary intervention includes general measures to promote social justice and
shall be allocated for the strengthening and implementation of the programs of the LCPC: equal opportunity, which tackle perceived root causes of offending;
Provided, That the disbursement of the fund shall be made by the LGU concerned.
(b) Secondary intervention includes measures to assist children at risk; and
SEC. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs shall
(c) Tertiary intervention includes measures to avoid unnecessary contact with the
appoint a duly licensed social worker as its local social welfare and development officer
formal justice system and other measures to prevent re-offending.
tasked to assist children in conflict with the law.
TITLE IV
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY
with the LCPC in the formulation and implementation of juvenile intervention and
diversion programs in the community. SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined
that the child taken into custody is fifteen (15) years old or below, the authority which will
CHAPTER 2
have an initial contact with the child has the duty to immediately release the child to the
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
custody of his/her parents or guardian, or in the absence thereof, the child's nearest
SEC. 18. Development of a Comprehensive Juvenile Intervention Program. - A relative. Said authority shall give notice to the local social welfare and development
Comprehensive juvenile intervention program covering at least a 3-year period shall be officer who will determine the appropriate programs in consultation with the child and to
instituted in LGUs from the barangay to the provincial level. the person having custody over the child. If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take custody, the child may be released to any of
The LGUs shall set aside an amount necessary to implement their respective juvenile
the following: a duly registered nongovernmental or religious organization; a barangay
intervention programs in their annual budget.
official or a member of the Barangay Council for the Protection of Children (BCPC); a local
The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly social welfare and development officer; or when and where appropriate, the DSWD. If the
the child-focused institutions, NGOs, people's organizations, educational institutions and child referred to herein has been found by the Local Social Welfare and Development
government agencies involved in delinquency prevention to participate in the planning Office to be abandoned, neglected or abused by his parents, or in the event that the
process and implementation of juvenile intervention programs. Such programs shall be parents will not comply with the prevention program, the proper petition for involuntary
implemented consistent with the national program formulated and designed by the JJWC. commitment shall be filed by the DSWD or the Local Social Welfare and Development
The implementation of the comprehensive juvenile intervention program shall be Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth
reviewed and assessed annually by the LGUs in coordination with the LCPC. Results of the Welfare Code".
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 TITLE V (j) Take the child immediately to the proper medical and health officer for a
JUVENILE JUSTICE AND WELFARE SYSTEM thorough physical and mental examination. The examination results shall be kept
confidential unless otherwise ordered by the Family Court. Whenever the
CHAPTER I
medical treatment is required, steps shall be immediately undertaken to provide
INITIAL CONTACT WITH THE CHILD
the same;
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken
(k) Ensure that should detention of the child in conflict with the law be
into custody, the law enforcement officer shall:
necessary, the child shall be secured in quarters separate from that of the
(a) Explain to the child in simple language and in a dialect that he/she can opposite sex and adult offenders;
understand why he/she is being placed under custody and the offense that
(l) Record the following in the initial investigation:
he/she allegedly committed;
1. Whether handcuffs or other instruments of restraint were used, and if
(b) Inform the child of the reason for such custody and advise the child of his/her
so, the reason for such;
constitutional rights in a language or dialect understood by him/her;
2. That the parents or guardian of a child, the DSWD, and the PA0 have
(e) Properly identify himself/herself and present proper identification to the
been informed of the apprehension and the details thereof; and
child;
3. The exhaustion of measures to determine the age of a child and the
(d) Refrain from using vulgar or profane words and from sexually harassing or
precise details of the physical and medical examination or the failure to
abusing, or making sexual advances on the child in conflict with the law;
submit a child to such examination; and
(e) Avoid displaying or using any firearm, weapon, handcuffs or other
(m) Ensure that all statements signed by the child during investigation shall be
instruments of force or restraint, unless absolutely necessary and only after all
witnessed by the child's parents or guardian, social worker, or legal counsel in
other methods of control have been exhausted and have failed;
attendance who shall affix his/her signature to the said statement.
(f) Refrain from subjecting the child in conflict with the law to greater restraint
A child in conflict with the law shall only be searched by a law enforcement officer of the
than is necessary for his/her apprehension;
same gender and shall not be locked up in a detention cell.
(g) Avoid violence or unnecessary force;
SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her
(h) Determine the age of the child pursuant to Section 7 of this Act; investigation, determine where the case involving the child in conflict with the law should
be referred.
(i) Immediately but not later than eight (8) hours after apprehension, turn over
custody of the child to the Social Welfare and Development Office or other The taking of the statement of the child shall be conducted in the presence of the
accredited NGOs, and notify the child's apprehension. The social welfare and following: (1) child's counsel of choice or in the absence thereof, a lawyer from the Public
development officer shall explain to the child and the child's parents/guardians Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the case may be;
the consequences of the child's act with a view towards counseling and and (3) the local social welfare and development officer. In the absence of the child's
rehabilitation, diversion from the criminal justice system, and reparation, if parents, guardian, or nearest relative, and the local social welfare and development
appropriate;
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officer, the investigation shall be conducted in the presence of a representative of an SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at the
NGO, religious group, or member of the BCPC. Katarungang Pambarangay, the police investigation or the inquest or preliminary
investigation stage and at all 1evels and phases of the proceedings including judicial level.
After the initial investigation, the local social worker conducting the same may do either
of the following: SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may
undergo conferencing, mediation or conciliation outside the criminal justice system or
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or
prior to his entry into said system. A contract of diversion may be entered into during
below or above fifteen (15) but below eighteen (18) years old, who acted without
such conferencing, mediation or conciliation proceedings.
discernment; and
SEC. 26. Contract of Diversion. - If during the conferencing, mediation or conciliation, the
(b) If the child is above fifteen (15) years old but below eighteen (18) and who
child voluntarily admits the commission of the act, a diversion program shall be developed
acted with discernment, proceed to diversion under the following chapter.
when appropriate and desirable as determined under Section 30. Such admission shall not
CHAPTER 2 be used against the child in any subsequent judicial, quasi-judicial or administrative
DIVERSION proceedings. The diversion program shall be effective and binding if accepted by the
parties concerned. The acceptance shall be in writing and signed by the parties concerned
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion and the appropriate authorities. The local social welfare and development officer shall
programs without undergoing court proceedings subject to the conditions herein supervise the implementation of the diversion program. The diversion proceedings shall
provided: be completed within forty-five (45) days. The period of prescription of the offense shall be
(a) Where the imposable penalty for the crime committee is not more than six (6) suspended until the completion of the diversion proceedings but not to exceed forty-five
years imprisonment, the law enforcement officer or Punong Barangay with the (45) days.
assistance of the local social welfare and development officer or other members The child shall present himself/herself to the competent authorities that imposed the
of the LCPC shall conduct mediation, family conferencing and conciliation and, diversion program at least once a month for reporting and evaluation of the effectiveness
where appropriate, adopt indigenous modes of conflict resolution in accordance of the program.
with the best interest of the child with a view to accomplishing the objectives of
restorative justice and the formulation of a diversion program. The child and Failure to comply with the terms and conditions of the contract of diversion, as certified
his/her family shall be present in these activities. by the local social welfare and development officer, shall give the offended party the
option to institute the appropriate legal action.
(b) In victimless crimes where the imposable penalty is not more than six (6)
years imprisonment, the local social welfare and development officer shall meet The period of prescription of the offense shall be suspended during the effectivity of the
with the child and his/her parents or guardians for the development of the diversion program, but not exceeding a period of two (2) years.
appropriate diversion and rehabilitation program, in coordination with the BCPC;
SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense does
(c) Where the imposable penalty for the crime committed exceeds six (6) years not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not
imprisonment, diversion measures may be resorted to only by the court. consent to a diversion, the Punong Barangay handling the case shall, within three (3) days
from determination of the absence of jurisdiction over the case or termination of the
diversion proceedings, as the case may be, forward the records of the case of the child to
the law enforcement officer, prosecutor or the appropriate court, as the case may be.
9
Upon the issuance of the corresponding document, certifying to the fact that no (c) The victim's view about the propriety of the measures to be imposed; and
agreement has been reached by the parties, the case shall be filed according to the
(d) The availability of community-based programs for rehabilitation and
regular process.
reintegration of the child.
SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense
SEC. 31. Kinds of Diversion Programs. - The diversion program shall include adequate
does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does
socio-cultural and psychological responses and services for the child. At the different
not consent to a diversion, the Women and Children Protection Desk of the PNP, or other
stages where diversion may be resorted to, the following diversion programs may be
law enforcement officer handling the case of the child under custody, to the prosecutor or
agreed upon, such as, but not limited to:
judge concerned for the conduct of inquest and/or preliminary investigation to determine
whether or not the child should remain under custody and correspondingly charged in (a) At the level of the Punong Barangay:
court. The document transmitting said records shall display the word "CHILD" in bold
letters. (1) Restitution of property;

SEC. 29. Factors in Determining Diversion Program. - In determining whether diversion is (2) Reparation of the damage caused;
appropriate and desirable, the following factors shall be taken into consideration: (3) Indemnification for consequential damages;
(a) The nature and circumstances of the offense charged; (4) Written or oral apology;
(b) The frequency and the severity of the act; (5) Care, guidance and supervision orders;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.); (6) Counseling for the child in conflict with the law and the child's family;
(d) The influence of the family and environment on the growth of the child; (7)Attendance in trainings, seminars and lectures on:
(e) The reparation of injury to the victim; (i) anger management skills;
(f) The weight of the evidence against the child; (ii) problem solving and/or conflict resolution skills;
(g) The safety of the community; and (iii) values formation; and
(h) The best interest of the child. (iv) other skills which will aid the child in dealing with situations
SEC. 30. Formulation of the Diversion Program. - In formulating a diversion program, the which can lead to repetition of the offense;
individual characteristics and the peculiar circumstances of the child in conflict with the (8) Participation in available community-based programs, including
law shall be used to formulate an individualized treatment. community service; or
The following factors shall be considered in formulating a diversion program for the child: (9) Participation in education, vocation and life skills programs.
(a) The child's feelings of remorse for the offense he/she committed; (b) At the level of the law enforcement officer and the prosecutor:
(b) The parents' or legal guardians' ability to guide and supervise the child;

10
 (1) Diversion programs specified under paragraphs (a)(1) to (a)(9) Upon determination of probable cause by the prosecutor, the information against the
herein; and child shall be filed before the Family Court within forty-five (45) days from the start of the
preliminary investigation.
(2) Confiscation and forfeiture of the proceeds or instruments of the
crime; CHAPTER 4
COURT PROCEEDINGS
(c) At the level of the appropriate court:
SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged
(1) Diversion programs specified under paragraphs(a)and (b) above;
mitigating circumstance of minority shall be considered.
(2) Written or oral reprimand or citation;
SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:
(3) Fine:
(a) the release of the minor on recognizance to his/her parents and other
(4) Payment of the cost of the proceedings; or suitable person;

(5) Institutional care and custody. (b) the release of the child in conflict with the law on bail; or

CHAPTER 3 (c) the transfer of the minor to a youth detention home/youth rehabilitation
PROSECUTION center.

SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to The court shall not order the detention of a child in a jail pending trial or hearing of
conduct inquest, preliminary investigation and prosecution of cases involving a child in his/her case.
conflict with the law. If there is an allegation of torture or ill-treatment of a child in
SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be
conflict with the law during arrest or detention, it shall be the duty of the prosecutor to
released on bail or recognizance as provided for under Sections 34 and 35 under this Act.
investigate the same.
In all other cases and whenever possible, detention pending trial may be replaced by
SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall alternative measures, such as close supervision, intensive care or placement with a family
conduct a preliminary investigation in the following instances: (a) when the child in or in an educational setting or home. Institutionalization or detention of the child pending
conflict with the law does not qualify for diversion: (b) when the child, his/her parents or trial shall be used only as a measure of last resort and for the shortest possible period of
guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when time.
considering the assessment and recommendation of the social worker, the prosecutor
Whenever detention is necessary, a child will always be detained in youth detention
determines that diversion is not appropriate for the child in conflict with the law.
homes established by local governments, pursuant to Section 8 of the Family Courts Act,
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the in the city or municipality where the child resides.
Public Attorney's Office of such service, as well as the personal information, and place of
In the absence of a youth detention home, the child in conflict with the law may be
detention of the child in conflict with the law.
committed to the care of the DSWD or a local rehabilitation center recognized by the
government in the province, city or municipality within the jurisdiction of the court. The
center or agency concerned shall be responsible for the child's appearance in court
whenever required.
11
SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the sentence for a certain specified period or until the child reaches the maximum age of
offense with which the child in conflict with the law is charged is imprisonment of not twenty-one (21) years.
more than twelve (12) years, regardless of the fine or fine alone regardless of the amount,
SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited
and before arraignment of the child in conflict with the law, the court shall determine
in the services of his/her sentence with the full time spent in actual commitment and
whether or not diversion is appropriate.
detention under this Act.
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18)
SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it shall have
years of age at the time of the commission of the offense is found guilty of the offense
convicted and sentenced a child in conflict with the law, and upon application at any time,
charged, the court shall determine and ascertain any civil liability which may have
place the child on probation in lieu of service of his/her sentence taking into account the
resulted from the offense committed. However, instead of pronouncing the judgment of
best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968,
conviction, the court shall place the child in conflict with the law under suspended
otherwise known as the "Probation Law of 1976", is hereby amended accordingly.
sentence, without need of application: Provided, however, That suspension of sentence
shall still be applied even if the juvenile is already eighteen years (18) of age or more at CHAPTER 5
the time of the pronouncement of his/her guilt. CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

Upon suspension of sentence and after considering the various chcumstances of the child, SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings
the court shall impose the appropriate disposition measures as provided in the Supreme involving children in conflict with the law from initial contact until final disposition of the
Court Rule on Juveniles in Conflict with the Law. case shall be considered privileged and confidential. The public shall be excluded during
the proceedings and the records shall not be disclosed directly or indirectly to anyone by
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of
any of the parties or the participants in the proceedings for any purpose whatsoever,
the social worker who has custody of the child, the court shall dismiss the case against the
except to determine if the child in conflict with the law may have his/hes sentence
child whose sentence has been suspended and against whom disposition measures have
suspended or if he/she may be granted probation under the Probation Law, or to enforce
been issued, and shall order the final discharge of the child if it finds that the objective of
the civil liability imposed in the criminal action.
the disposition measures have been fulfilled.
The component authorities shall undertake all measures to protect this confidentiality of
The discharge of the child in conflict with the law shall not affect the civil liability resulting
proceedings, including non-disclosure of records to the media, maintaining a separate
from the commission of the offense, which shall be enforced in accordance with law.
police blotter for cases involving children in conflict with the law and adopting a system of
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the coding to conceal material information which will lead to the child's identity. Records of a
objective of the disposition measures imposed upon the child in conflict with the law have child in conflict with the law shall not be used in subsequent proceedings for cases
not been fulfilled, or if the child in conflict with the law has willfully failed to comply with involving the same offender as an adult, except when beneficial for the offender and upon
the conditions of his/her disposition or rehabilitation program, the child in conflict with his/her written consent.
the law shall be brought before the court for execution of judgment.
A person who has been in conflict with the law as a child shall not be held under any
If said child in conflict with the law has reached eighteen (18) years of age while under provision of law, to be guilty of perjury or of concealment or misrepresentation by reason
suspended sentence, the court shall determine whether to discharge the child in of his/her failure to acknowledge the case or recite any fact related thereto in response to
accordance with this Act, to order execution of sentence, or to extend the suspended any inquiry made to him/her for any purpose.

12
 homes may also be established by private and NGOs licensed and accredited by the
DSWD, in consultation with the JJWC.

TITLE VI SEC. 50. Care and Maintenance of the Child in Conflict with the Law. - The expenses for
REHABILITATION AND REINTEGRATION the care and maintenance of a child in conflict with the law under institutional care shall
be borne by his/her parents or those persons liable to support him/her: Provided, That in
SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation case his/her parents or those persons liable to support him/her cannot pay all or part of
and reintegration of children in conflict with the law is to provide them with said expenses, the municipality where the offense was committed shall pay one-third
interventions, approaches and strategies that will enable them to improve their social (1/3) of said expenses or part thereof; the province to which the municipality belongs
functioning with the end goal of reintegration to their families and as productive shall pay one-third (1/3) and the remaining one-third (1/3) shall be borne by the national
members of their communities. government. Chartered cities shall pay two-thirds (2/3) of said expenses; and in case a
SEC. 45. Court Order Required. - No child shall be received in any rehabilitation or training chartered city cannot pay said expenses, part of the internal revenue allotments
facility without a valid order issued by the court after a hearing for the purpose. The applicable to the unpaid portion shall be withheld and applied to the settlement of said
details of this order shall be immediately entered in a register exclusively for children in obligations: Provided, further, That in the event that the child in conflict with the law is
conflict with the law. No child shall be admitted in any facility where there is no such not a resident of the municipality/city where the offense was committed, the court, upon
register. its determination, may require the city/municipality where the child in conflict with the
law resides to shoulder the cost.
SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training facilities, it shall
be mandatory that children shall be separated from adults unless they are members of All city and provincial governments must exert effort for the immediate establishment of
the same family. Under no other circumstance shall a child in conflict with the law be local detention homes for children in conflict with the law.
placed in the same confinement as adults. SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training
The rehabilitation, training or confinement area of children in conflict with the law shall Facilities. - A child
provide a home environment where children in conflict with the law can be provided with in conflict with the law may, after conviction and upon order of the court, be made to
quality counseling and treatment. serve his/her sentence, in lieu of confinement in a regular penal institution, in an
SEC. 47. Female Children. - Female children in conflict with the law placed in an institution agricultural camp and other training facilities that may be established, maintained,
shall be given special attention as to their personal needs and problems. They shall be supervised and controlled by the BUCOR, in coordination with the DSWD.
handled by female doctors, correction officers and social workers, and shall be SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in conflict with the
accommodated separately from male children in conflict with the law. law, whose sentences are suspended may, upon order of the court, undergo any or a
SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training facilities combination of disposition measures best suited to the rehabilitation and welfare of the
shall handle children in conflict with the law without having undergone gender sensitivity child as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.
training. If the community-based rehabilitation is availed of by a child in conflict with the law,
SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside an amount he/she shall be released to parents, guardians, relatives or any other responsible person
to build youth detention homes as mandated by the Family Courts Act. Youth detention in the community. Under the supervision and guidance of the local social welfare and
development officer, and in coordination with his/her parents/guardian, the child in
13
conflict with the law shall participate in community-based programs, which shall include, SEC. 54. Objectives of Community Based Programs. - The objectives of community-based
but not limited to: programs are as follows:

(1) Competency and life skills development; (a) Prevent disruption in the education or means of livelihood of the child in
conflict with the law in case he/she is studying, working or attending vocational
(2) Socio-cultural and recreational activities;
learning institutions;
(3) Community volunteer projects;
(b) Prevent separation of the child in conflict with the law from his/her
(4) Leadership training; parents/guardians to maintain the support system fostered by their relationship
and to create greater awareness of their mutual and reciprocal responsibilities;
(5) Social services;
(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the
(6) Homelife services; law and encourage community support and involvement; and
(7) Health services; . (d) Minimize the stigma that attaches to the child in conflict with the law by
(8) Spiritual enrichment; and preventing jail detention.

(9) Community and family welfare services. SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish community-
based programs that will focus on the rehabilitation and reintegration of the child. All
In accordance therewith, the family of the child in conflict with the law shall endeavor to programs shall meet the criteria to be established by the JJWC which shall take into
actively participate in the community-based rehabilitation. account the purpose of the program, the need for the consent of the child and his/her
parents or legal guardians, and the participation of the child-centered agencies whether
Based on the progress of the youth in the community, a final report will be forwarded by
public or private.
the local social welfare and development officer to the court for final disposition of the
case. SEC. 56. After-Care Support Services for Children in Conflict with the Law. - Children in
conflict with the law whose cases have been dismissed by the proper court because of
If the community-based programs are provided as diversion measures under Chapter II,
good behavior as per recommendation of the DSWD social worker and/or any accredited
Title V, the programs enumerated above shall be made available to the child in conflict
NGO youth rehabilitation center shall be provided after-care services by the local social
with the law.
welfare and development officer for a period of at least six (6) months. The service
SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall provide 24- includes counseling and other community-based services designed to facilitate social
hour group care, treatment and rehabilitation services under the guidance of a trained reintegration, prevent re-offending and make the children productive members of the
staff where residents are cared for under a structured therapeutic environment with the community.
end view of reintegrating them in their families and communities as socially functioning
individuals. A quarterly report shall be submitted by the center to the proper court on the
progress of the children in conflict with the law. Based on the progress of the youth in the
center, a final report will be forwarded to the court for final disposition of the case. The TITLE VII
DSWD shall establish youth rehabilitation centers in each region of the country. GENERAL PROVISIONS

14
 CHAPTER 1 (c) Employment of degrading, inhuman end cruel forms of punishment such as
EXEMPTING PROVISIONS shaving the heads, pouring irritating, corrosive or harmful substances over the
body of the child in conflict with the law, or forcing him/her to walk around the
SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if
community wearing signs which embarrass, humiliate, and degrade his/her
committed by an adult shall not be considered an offense and shall not be punished if
personality and dignity; and
committed by a child.
(d) Compelling the child to perform involuntary servitude in any and all forms
SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age
under any and all instances.
shall be exempt from prosecution for the crime of vagrancy and prostitution under
Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. CHAPTER 3
1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being PENAL PROVISION
inconsistent with the United Nations Convention on the Rights of the Child: Provided, That
SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in General. - Any
said persons shall undergo appropriate counseling and treatment program.
person who violates any provision of this Act or any rule or regulation promulgated in
SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the accordance thereof shall, upon conviction for each act or omission, be punished by a fine
Revised Penal Code, as amended, Republic Act No. 9165, otherwise known as the of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand
Comprehensive Dangerous Drugs Act of 2002, and other special laws notwithstanding, no pesos (P50,000.00) or suffer imprisonment of not less than eight (8) years but not more
death penalty shall be imposed upon children in conflict with the law. than ten (10) years, or both such fine and imprisonment at the discretion of the court,
unless a higher penalty is provided for in the Revised Penal Code or special laws. If the
CHAPTER 2
offender is a public officer or employee, he/she shall, in addition to such fine and/or
PROHIBITED ACTS
imprisonment, be held administratively liable and shall suffer the penalty of perpetual
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the proceedings absolute disqualification.
beginning from the initial contact with the child, the competent authorities must refrain
CHAPTER 4
from branding or labeling children as young criminals, juvenile delinquents, prostitutes or
APPROPRIATION PROVISION
attaching to them in any manner any other derogatory names. Likewise, no discriminatory
remarks and practices shall be allowed particularly with respect to the child's class or SEC. 63. Appropriations. - The amount necessary to carry out the initial implementation
ethnic origin. of this Act shall be charged to the Office of the President. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the
SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be
succeeding General Appropriations Act.
considered prejudicial and detrimental to the psychological, emotional, social, spiritual,
moral and physical health and well-being of the child in conflict with the law and An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the
therefore, prohibited: JJWC shall be taken from the proceeds of the Philippine Charity Sweepstakes Office.

(a) Employment of threats of whatever kind and nature;

(b) Employment of abusive, coercive and punitive measures such as cursing,

beating, stripping, and solitary confinement; TITLE VIII
TRANSITORY PROVISIONS
15
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon provided under this Act and their sentences shall be adjusted accordingly. They shall be
effectivity of this Act, cases of children fifteen (15) years old and below at the time of the immediately released if they are so qualified under this Act or other applicable law.
commission of the crime shall immediately be dismissed and the child shall be referred to
the appropriate local social welfare and development officer. Such officer, upon thorough
assessment of the child, shall determine whether to release the child to the custody of Republic Act No. 7610             June 17, 1992
his/her parents, or refer the child to prevention programs as provided under this Act.
Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST
center shall likewise be released, unless it is contrary to the best interest of the child. CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

SEC. 65. Children Detained Pending Dial. - If the child is detained pending trial, the Family Be it enacted by the Senate and House of Representatives of the Philippines in Congress
Court shall also determine whether or not continued detention is necessary and, if not, assembled:
determine appropriate alternatives for detention. ARTICLE I
If detention is necessary and he/she is detained with adults, the court shall immediately Title, Policy, Principles and Definitions of Terms
order the transfer of the child to a youth detention home. Section 1. Title. – This Act shall be known as the "Special Protection of Children Against
SEC. 66. Inventory of "Locked-up" and Detained Children in Conflict with the Law. - The Abuse, Exploitation and Discrimination Act."
PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC, within ninety Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the
(90) days from the effectivity of this Act, an inventory of all children in conflict with the policy of the State to provide special protection to children from all firms of abuse,
law under their custody. neglect, cruelty exploitation and discrimination and other conditions, prejudicial their
SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and development; provide sanctions for their commission and carry out a program for
Court Proceedings. - If a child reaches the age of eighteen (18) years pending diversion prevention and deterrence of and crisis intervention in situations of child abuse,
and court proceedings, the appropriate diversion authority in consultation with the local exploitation and discrimination. The State shall intervene on behalf of the child when the
social welfare and development officer or the Family Court in consultation with the Social parent, guardian, teacher or person having care or custody of the child fails or is unable to
Services and Counseling Division (SSCD) of the Supreme Court, as the case may be, shall protect the child against abuse, exploitation and discrimination or when such acts against
determine the appropriate disposition. In case the appropriate court executes the the child are committed by the said parent, guardian, teacher or person having care and
judgment of conviction, and unless the child in conflict the law has already availed of custody of the same.1awphi1@alf
probation under Presidential Decree No. 603 or other similar laws, the child may apply for It shall be the policy of the State to protect and rehabilitate children gravely threatened or
probation if qualified under the provisions of the Probation Law. endangered by circumstances which affect or will affect their survival and normal
SEC. 68. Children Who Have Been Convicted and are Serving Sentence. - Persons who development and over which they have no control.
have been convicted and are serving sentence at the time of the effectivity of this Act, and The best interests of children shall be the paramount consideration in all actions
who were below the age of eighteen (18) years at the time the commission of the offense concerning them, whether undertaken by public or private social welfare institutions,
for which they were convicted and are serving sentence, shall likewise benefit from the courts of law, administrative authorities, and legislative bodies, consistent with the
retroactive application of this Act. They shall be entitled to appropriate dispositions principle of First Call for Children as enunciated in the United Nations Convention of the

16
Rights of the Child. Every effort shall be exerted to promote the welfare of children and (4) Being a member of a indigenous cultural community and/or living
enhance their opportunities for a useful and happy life. under conditions of extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate access to basic services
Section 3. Definition of Terms. –
needed for a good quality of life;
(a) "Children" refers to person below eighteen (18) years of age or those over but
(5) Being a victim of a man-made or natural disaster or calamity; or
are unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination because of a physical or mental (6) Circumstances analogous to those abovestated which endanger the
disability or condition; life, safety or normal development of children.

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the (d) "Comprehensive program against child abuse, exploitation and
child which includes any of the following: discrimination" refers to the coordinated program of services and facilities to
protected children against:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment; (1) Child Prostitution and other sexual abuse;

(2) Any act by deeds or words which debases, degrades or demeans the (2) Child trafficking;
intrinsic worth and dignity of a child as a human being;
(3) Obscene publications and indecent shows;
(3) Unreasonable deprivation of his basic needs for survival, such as
(4) Other acts of abuses; and
food and shelter; or
(5) Circumstances which threaten or endanger the survival and normal
(4) Failure to immediately give medical treatment to an injured child
development of children.1awphi1Ÿ
resulting in serious impairment of his growth and development or in his
permanent incapacity or death. ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
(c) "Circumstances which gravely threaten or endanger the survival and normal
development of children" include, but are not limited to, the following; Section 4. Formulation of the Program. – There shall be a comprehensive program to be
formulated, by the Department of Justice and the Department of Social Welfare and
(1) Being in a community where there is armed conflict or being affected
Development in coordination with other government agencies and private sector
by armed conflict-related activities;
concerned, within one (1) year from the effectivity of this Act, to protect children against
(2) Working under conditions hazardous to life, safety and normal which child prostitution and other sexual abuse; child trafficking, obscene publications and
unduly interfere with their normal development; indecent shows; other acts of abuse; and circumstances which endanger child survival and
normal development.
(3) Living in or fending for themselves in the streets of urban or rural
areas without the care of parents or a guardian or basic services needed ARTICLE III
for a good quality of life; Child Prostitution and Other Sexual Abuse

17
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child
female, who for money, profit, or any other consideration or due to the coercion or prostitution under Section 5, paragraph (a) hereof when any person who, not being a
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious relative of a child, is found alone with the said child inside the room or cubicle of a house,
conduct, are deemed to be children exploited in prostitution and other sexual abuse. an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel,
vehicle or any other hidden or secluded area under circumstances which would lead a
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
reasonable person to believe that the child is about to be exploited in prostitution and
imposed upon the following:
other sexual abuse.
(a) Those who engage in or promote, facilitate or induce child prostitution which
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5
include, but are not limited to, the following:
hereof when any person is receiving services from a child in a sauna parlor or bath,
(1) Acting as a procurer of a child prostitute; massage clinic, health club and other similar establishments. A penalty lower by two (2)
degrees than that prescribed for the consummated felony under Section 5 hereof shall be
(2) Inducing a person to be a client of a child prostitute by means of imposed upon the principals of the attempt to commit the crime of child prostitution
written or oral advertisements or other similar means; under this Act, or, in the proper case, under the Revised Penal Code.
(3) Taking advantage of influence or relationship to procure a child as ARTICLE IV
prostitute; Child Trafficking
(4) Threatening or using violence towards a child to engage him as a Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with
prostitute; or children including, but not limited to, the act of buying and selling of a child for money, or
(5) Giving monetary consideration goods or other pecuniary benefit to a for any other consideration, or barter, shall suffer the penalty of reclusion temporal to
child with intent to engage such child in prostitution. reclusion perpetua. The penalty shall be imposed in its maximum period when the victim
is under twelve (12) years of age.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a
child exploited in prostitution or subject to other sexual abuse; Provided, That Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child
when the victims is under twelve (12) years of age, the perpetrators shall be trafficking under Section 7 of this Act:1awphi1@alf
prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. (a) When a child travels alone to a foreign country without valid reason therefor
3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the and without clearance issued by the Department of Social Welfare and
case may be: Provided, That the penalty for lascivious conduct when the victim is Development or written permit or justification from the child's parents or legal
under twelve (12) years of age shall be reclusion temporal in its medium period; guardian;
and
(c) When a person, agency, establishment or child-caring institution recruits
(c) Those who derive profit or advantage therefrom, whether as manager or women or couples to bear children for the purpose of child trafficking; or
owner of the establishment where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or establishment serving as a cover or (d) When a doctor, hospital or clinic official or employee, nurse, midwife, local
which engages in prostitution in addition to the activity for which the license has civil registrar or any other person simulates birth for the purpose of child
been issued to said establishment. trafficking; or

18
 (e) When a person engages in the act of finding children among low-income hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage
families, hospitals, clinics, nurseries, day-care centers, or other child-during parlor, beach and/or other tourist resort or similar places shall suffer the penalty
institutions who can be offered for the purpose of child trafficking. of prision mayor in its maximum period and a fine of not less than Fifty thousand
pesos (P50,000): Provided, That this provision shall not apply to any person who
A penalty lower two (2) degrees than that prescribed for the consummated felony under
is related within the fourth degree of consanguinity or affinity or any bond
Section 7 hereof shall be imposed upon the principals of the attempt to commit child
recognized by law, local custom and tradition or acts in the performance of a
trafficking under this Act.
social, moral or legal duty.
ARTICLE V
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by
Obscene Publications and Indecent Shows
this Act to keep or have in his company a minor as provided in the preceding
Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, paragraph shall suffer the penalty of prision mayor in its medium period and a
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and fine of not less than Forty thousand pesos (P40,000); Provided, however, That
indecent shows, whether live or in video, or model in obscene publications or should the perpetrator be an ascendant, stepparent or guardian of the minor,
pornographic materials or to sell or distribute the said materials shall suffer the penalty of the penalty to be imposed shall be prision mayor in its maximum period, a fine of
prision mayor in its medium period. not less than Fifty thousand pesos (P50,000), and the loss of parental authority
over the minor.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its maximum period. (d) Any person, owner, manager or one entrusted with the operation of any
public or private place of accommodation, whether for occupancy, food, drink or
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who otherwise, including residential places, who allows any person to take along with
shall cause and/or allow such child to be employed or to participate in an obscene play, him to such place or places any minor herein described shall be imposed a
scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period and a fine of not less than Fifty
penalty of prision mayor in its medium period. thousand pesos (P50,000), and the loss of the license to operate such a place or
ARTICLE VI establishment.
Other Acts of Abuse (e) Any person who shall use, coerce, force or intimidate a street child or any
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions other child to;
Prejudicial to the Child's Development. – (1) Beg or use begging as a means of living;
(a) Any person who shall commit any other acts of child abuse, cruelty or (2) Act as conduit or middlemen in drug trafficking or pushing; or
exploitation or to be responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of Presidential Decree No. (3) Conduct any illegal activities, shall suffer the penalty of prision
603, as amended, but not covered by the Revised Penal Code, as amended, shall correccional in its medium period to reclusion perpetua.
suffer the penalty of prision mayor in its minimum period.
For purposes of this Act, the penalty for the commission of acts punishable under Articles
(b) Any person who shall keep or have in his company a minor, twelve (12) years 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the
or under or who in ten (10) years or more his junior in any public or private place, Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and

19
serious physical injuries, respectively, shall be reclusion perpetua when the victim is under ARTICLE VIII
twelve (12) years of age. The penalty for the commission of acts punishable under Article Working Children
337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the
Section 12. Employment of Children. – Children below fifteen (15) years of age may be
crimes of qualified seduction, acts of lasciviousness with the consent of the offended
employed except:
party, corruption of minors, and white slave trade, respectively, shall be one (1) degree
higher than that imposed by law when the victim is under twelve (12) years age. (1) When a child works directly under the sole responsibility of his parents or
legal guardian and where only members of the employer's family are employed:
The victim of the acts committed under this section shall be entrusted to the care of the
Provided, however, That his employment neither endangers his life, safety and
Department of Social Welfare and Development.
health and morals, nor impairs his normal development: Provided, further, That
ARTICLE VII the parent or legal guardian shall provide the said minor child with the
Sanctions for Establishments or Enterprises prescribed primary and/or secondary education; or

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or (2) When a child's employment or participation in public & entertainment or
Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child information through cinema, theater, radio or television is essential: Provided,
Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. – All The employment contract concluded by the child's parent or guardian, with the
establishments and enterprises which promote or facilitate child prostitution and other express agreement of the child concerned, if possible, and the approval of the
sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of Department of Labor and Employment: Provided, That the following
abuse shall be immediately closed and their authority or license to operate cancelled, requirements in all instances are strictly complied with:
without prejudice to the owner or manager thereof being prosecuted under this Act
(a) The employer shall ensure the protection, health, safety and morals of the
and/or the Revised Penal Code, as amended, or special laws. A sign with the words "off
child;
limits" shall be conspicuously displayed outside the establishments or enterprises by the
Department of Social Welfare and Development for such period which shall not be less (b) the employer shall institute measures to prevent the child's exploitation or
than one (1) year, as the Department may determine. The unauthorized removal of such discrimination taking into account the system and level of remuneration, and the
sign shall be punishable by prision correccional. duration and arrangement of working time; and;

An establishment shall be deemed to promote or facilitate child prostitution and other (c) The employer shall formulate and implement, subject to the approval and
sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of supervision of competent authorities, a continuing program for training and skill
abuse if the acts constituting the same occur in the premises of said establishment under acquisition of the child.
this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a
sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as In the above exceptional cases where any such child may be employed, the employer shall
part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides first secure, before engaging such child, a work permit from the Department of Labor and
child masseurs for adults of the same or opposite sex and said services include any Employment which shall ensure observance of the above requirement.
lascivious conduct with the customers; or solicits children or activities constituting the The Department of Labor Employment shall promulgate rules and regulations necessary
aforementioned acts shall be deemed to have committed the acts penalized herein. for the effective implementation of this Section.

20
Section 13. Non-formal Education for Working Children. – The Department of Education, government agencies concerned. Hospitals and other health institution shall ensure that
Culture and Sports shall promulgate a course design under its non-formal education children of indigenous cultural communities are given equal attention. In the provision of
program aimed at promoting the intellectual, moral and vocational efficiency of working health and nutrition services to children of indigenous cultural communities, indigenous
children who have not undergone or finished elementary or secondary education. Such health practices shall be respected and recognized.
course design shall integrate the learning process deemed most effective under given
Section 20. Discrimination. – Children of indigenous cultural communities shall not be
circumstances.
subjected to any and all forms of discrimination.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No
Any person who discriminate against children of indigenous cultural communities shall
person shall employ child models in all commercials or advertisements promoting
suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five
alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.
thousand pesos (P5,000) more than Ten thousand pesos (P10,000).
Section 15. Duty of Employer. – Every employer shall comply with the duties provided for
Section 21. Participation. – Indigenous cultural communities, through their duly-
in Articles 108 and 109 of Presidential Decree No. 603.
designated or appointed representatives shall be involved in planning, decision-making
Section 16. Penalties. – Any person who shall violate any provision of this Article shall implementation, and evaluation of all government programs affecting children of
suffer the penalty of a fine of not less than One thousand pesos (P1,000) but not more indigenous cultural communities. Indigenous institution shall also be recognized and
than Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months but respected.
not more than three (3) years, or both at the discretion of the court; Provided, That, in
ARTICLE X
case of repeated violations of the provisions of this Article, the offender's license to
Children in Situations of Armed Conflict
operate shall be revoked.
Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace.
ARTICLE IX
It shall be the responsibility of the State and all other sectors concerned to resolve armed
Children of Indigenous Cultural Communities
conflicts in order to promote the goal of children as zones of peace. To attain this
Section 17. Survival, Protection and Development. – In addition to the rights guaranteed objective, the following policies shall be observed.
to children under this Act and other existing laws, children of indigenous cultural
(a) Children shall not be the object of attack and shall be entitled to special
communities shall be entitled to protection, survival and development consistent with the
respect. They shall be protected from any form of threat, assault, torture or
customs and traditions of their respective communities.
other cruel, inhumane or degrading treatment;
Section 18. System of and Access to Education. – The Department of Education, Culture
(b) Children shall not be recruited to become members of the Armed Forces of
and Sports shall develop and institute an alternative system of education for children of
the Philippines of its civilian units or other armed groups, nor be allowed to take
indigenous cultural communities which culture-specific and relevant to the needs of and
part in the fighting, or used as guides, couriers, or spies;
the existing situation in their communities. The Department of Education, Culture and
Sports shall also accredit and support non-formal but functional indigenous educational (c) Delivery of basic social services such as education, primary health and
programs conducted by non-government organizations in said communities. emergency relief services shall be kept unhampered;

Section 19. Health and Nutrition. – The delivery of basic social services in health and (d) The safety and protection of those who provide services including those
nutrition to children of indigenous cultural communities shall be given priority by all involved in fact-finding missions from both government and non-government

21
 institutions shall be ensured. They shall not be subjected to undue harassment in imposable penalty, including any civil liability chargeable against him. However, instead of
the performance of their work; pronouncing judgment of conviction, the court shall suspend all further proceedings and
shall commit such child to the custody or care of the Department of Social Welfare and
(e) Public infrastructure such as schools, hospitals and rural health units shall not
Development or to any training institution operated by the Government, or duly-licensed
be utilized for military purposes such as command posts, barracks, detachments,
agencies or any other responsible person, until he has had reached eighteen (18) years of
and supply depots; and
age or, for a shorter period as the court may deem proper, after considering the reports
(f) All appropriate steps shall be taken to facilitate the reunion of families and recommendations of the Department of Social Welfare and Development or the
temporarily separated due to armed conflict. agency or responsible individual under whose care he has been committed.

Section 23. Evacuation of Children During Armed Conflict. – Children shall be given The aforesaid child shall subject to visitation and supervision by a representative of the
priority during evacuation as a result of armed conflict. Existing community organizations Department of Social Welfare and Development or any duly-licensed agency or such other
shall be tapped to look after the safety and well-being of children during evacuation officer as the court may designate subject to such conditions as it may prescribe.
operations. Measures shall be taken to ensure that children evacuated are accompanied
The aforesaid child whose sentence is suspended can appeal from the order of the court
by persons responsible for their safety and well-being.
in the same manner as appeals in criminal cases.
Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The
same family shall be housed in the same premises and given separate accommodation
chairman of the barangay affected by the armed conflict shall submit the names of
from other evacuees and provided with facilities to lead a normal family life. In places of
children residing in said barangay to the municipal social welfare and development officer
temporary shelter, expectant and nursing mothers and children shall be given additional
within twenty-four (24) hours from the occurrence of the armed conflict.
food in proportion to their physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games. ARTICLE XI
Remedial Procedures
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any
child who has been arrested for reasons related to armed conflict, either as combatant, Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed
courier, guide or spy is entitled to the following rights; against the children as enumerated herein may be filed by the following:

(a) Separate detention from adults except where families are accommodated as (a) Offended party;
family units;
(b) Parents or guardians;
(b) Immediate free legal assistance;
(c) Ascendant or collateral relative within the third degree of
(c) Immediate notice of such arrest to the parents or guardians of the child; and consanguinity;1awphi1@ITC

(d) Release of the child on recognizance within twenty-four (24) hours to the (d) Officer, social worker or representative of a licensed child-caring institution;
custody of the Department of Social Welfare and Development or any
(e) Officer or social worker of the Department of Social Welfare and
responsible member of the community as determined by the court.
Development;
If after hearing the evidence in the proper proceedings the court should find that the
(f) Barangay chairman; or
aforesaid child committed the acts charged against him, the court shall determine the
22
 (g) At least three (3) concerned responsible citizens where the violation occurred. (c) The penalty provided herein shall be imposed in its maximum period when
the perpetrator is an ascendant, parent guardian, stepparent or collateral
Section 28. Protective Custody of the Child. – The offended party shall be immediately
relative within the second degree of consanguinity or affinity, or a manager or
placed under the protective custody of the Department of Social Welfare and
owner of an establishment which has no license to operate or its license has
Development pursuant to Executive Order No. 56, series of 1986. In the regular
expired or has been revoked;
performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal liability. Custody (d) When the offender is a foreigner, he shall be deported immediately after
proceedings shall be in accordance with the provisions of Presidential Decree No. 603. service of sentence and forever barred from entry to the country;

Section 29. Confidentiality. – At the instance of the offended party, his name may be (e) The penalty provided for in this Act shall be imposed in its maximum period if
withheld from the public until the court acquires jurisdiction over the case. the offender is a public officer or employee: Provided, however, That if the
penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
perpetual or temporary absolute disqualification shall also be imposed: Provided,
materials, announcer or producer in case of television and radio broadcasting, producer
finally, That if the penalty imposed is prision correccional or arresto mayor, the
and director of the film in case of the movie industry, to cause undue and sensationalized
penalty of suspension shall also be imposed; and
publicity of any case of violation of this Act which results in the moral degradation and
suffering of the offended party.Lawphi1@alf (f) A fine to be determined by the court shall be imposed and administered as a
cash fund by the Department of Social Welfare and Development and disbursed
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be
for the rehabilitation of each child victim, or any immediate member of his family
heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile
if the latter is the perpetrator of the offense.
and Domestic Court.
Republic Act No. 9231             December 19, 2003
Any provision of existing law to the contrary notwithstanding and with the exception of
habeas corpus, election cases, and cases involving detention prisoners and persons AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR
covered by Republic Act No. 4908, all courts shall give preference to the hearing or AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR
disposition of cases involving violations of this Act. THIS PURPOSE REPUBLIC ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE
"SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND
ARTICLE XII
DISCRIMINATION ACT"
Common Penal Provisions
Be it enacted by the Senate and the House of Representatives of the Philippines in
Section 31. Common Penal Provisions. –
Congress assembled:
(a) The penalty provided under this Act shall be imposed in its maximum period if
Section 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as the
the offender has been previously convicted under this Act;
"Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act",
(b) When the offender is a corporation, partnership or association, the officer or is hereby amended to read as follows:
employee thereof who is responsible for the violation of this Act shall suffer the
"Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the
penalty imposed in its maximum period;
policy of the State to provide special protection to children from all forms of
abuse, neglect, cruelty, exploitation and discrimination, and other conditions
23
 prejudicial to their development including child labor and its worst forms; concluded by the child's parents or legal guardian, with the express
provide sanctions for their commission and carry out a program for prevention agreement of the child concerned, if possible, and the approval of the
and deterrence of and crisis intervention in situations of child abuse, exploitation Department of Labor and Employment: Provided, further, That the
and discrimination. The State shall intervene on behalf of the child when the following requirements in all instances are strictly complied with:
parent, guardian, teacher or person having care or custody of the child fails or is
"(a) The employer shall ensure the protection, health, safety,
unable to protect the child against abuse, exploitation and discrimination or
morals and normal development of the child;
when such acts against the child are committed by the said parent, guardian,
teacher or person having care and custody of the same. "(b) The employer shall institute measures to prevent the
child's exploitation or discrimination taking into account the
"It shall be the policy of the State to protect and rehabilitate children gravely
system and level of remuneration, and the duration and
threatened or endangered by circumstances which affect or will affect their
arrangement of working time; and
survival and normal development and over which they have no control.
"(c) The employer shall formulate and implement, subject to
"The best interests of children shall be the paramount consideration in all actions
the approval and supervision of competent authorities, a
concerning them, whether undertaken by public or private social welfare
continuing program for training and skills acquisition of the
institutions, courts of law, administrative authorities, and legislative bodies,
child.
consistent with the principle of First Call for Children as enunciated in the United
Nations Convention on the Rights of the Child. Every effort shall be exerted to "In the above-exceptional cases where any such child may be employed,
promote the welfare of children and enhance their opportunities for a useful and the employer shall first secure, before engaging such child, a work
happy life." permit from the Department of Labor and Employment which shall
ensure observance of the above requirements.
Section 2. Section 12 of the same Act, as amended, is hereby further amended to read as
follows: "For purposes of this Article, the term "child" shall apply to all persons
under eighteen (18) years of age."
"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall
not be employed except: Section 3. The same Act, as amended, is hereby further amended by adding new sections
to be denominated as Sections 12-A, 12-B, 12-C, and 12-D to read as follows:
"1) When a child works directly under the sole responsibility of his/her
parents or legal guardian and where only members of his/her family are "Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in
employed: Provided, however, That his/her employment neither Section 12 of this Act, as amended:
endangers his/her life, safety, health, and morals, nor impairs his/her
normal development: Provided, further, That the parent or legal "(1) A child below fifteen (15) years of age may be allowed to work for not more
guardian shall provide the said child with the prescribed primary and/or than twenty (20) hours a week: Provided, That the work shall not be more than
secondary education; or four (4) hours at any given day;

"2) Where a child's employment or participation in public entertainment "(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed
or information through cinema, theater, radio, television or other forms to work for more than eight (8) hours a day, and in no case beyond forty (40)
of media is essential: Provided, That the employment contract is hours a week;

24
"(3) No child below fifteen (15) years of age shall be allowed to work between "(2) The use, procuring, offering or exposing of a child for prostitution,
eight o'clock in the evening and six o'clock in the morning of the following day for the production of pornography or for pornographic performances; or
and no child fifteen (15) years of age but below eighteen (18) shall be allowed to
"(3) The use, procuring or offering of a child for illegal or illicit activities,
work between ten o'clock in the evening and six o'clock in the morning of the
including the production and trafficking of dangerous drugs and volatile
following day."
substances prohibited under existing laws; or
"Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. -
"(4) Work which, by its nature or the circumstances in which it is carried
The wages, salaries, earnings and other income of the working child shall belong
out, is hazardous or likely to be harmful to the health, safety or morals
to him/her in ownership and shall be set aside primarily for his/her support,
of children, such that it:
education or skills acquisition and secondarily to the collective needs of the
family: Provided, That not more than twenty percent (20%) of the child's income "a) Debases, degrades or demeans the intrinsic worth and
may be used for the collective needs of the family. dignity of a child as a human being; or

"The income of the working child and/or the property acquired through the work "b) Exposes the child to physical, emotional or sexual abuse, or
of the child shall be administered by both parents. In the absence or incapacity of is found to be highly stressful psychologically or may prejudice
either of the parents, the other parent shall administer the same. In case both morals; or
parents are absent or incapacitated, the order of preference on parental
authority as provided for under the Family Code shall apply. "c) Is performed underground, underwater or at dangerous
heights; or
"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. -  The
parent or legal guardian of a working child below eighteen (18) years of age shall "d) Involves the use of dangerous machinery, equipment and
set up a trust fund for at least thirty percent (30%) of the earnings of the child tools such as power-driven or explosive power-actuated tools;
whose wages and salaries from work and other income amount to at least two or
hundred thousand pesos (P200,000.00) annually, for which he/she shall render a "e) Exposes the child to physical danger such as, but not limited
semi-annual accounting of the fund to the Department of Labor and to the dangerous feats of balancing, physical strength or
Employment, in compliance with the provisions of this Act. The child shall have contortion, or which requires the manual transport of heavy
full control over the trust fund upon reaching the age of majority. loads; or
"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be "f) Is performed in an unhealthy environment exposing the
engaged in the worst forms of child labor. The phrase "worst forms of child child to hazardous working conditions, elements, substances,
labor" shall refer to any of the following: co-agents or processes involving ionizing, radiation, fire,
"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons flammable substances, noxious components and the like, or to
Act of 2003", or practices similar to slavery such as sale and trafficking of extreme temperatures, noise levels, or vibrations; or
children, debt bondage and serfdom and forced or compulsory labor, "g) Is performed under particularly difficult conditions; or
including recruitment of children for use in armed conflict; or
"h) Exposes the child to biological agents such as bacteria,
fungi, viruses, protozoans, nematodes and other parasites; or
25
 "i) Involves the manufacture or handling of explosives and not more than Three hundred thousand pesos (P300,000.00) or both at the
other pyrotechnic products." discretion of the court.

Section 4. Section 13 of the same Act is hereby amended to read as follows: "b) Any person who violates the provision of Section 12-D of this act or the
employer of the subcontractor who employs, or the one who facilitates the
"Sec. 13. Access to Education and Training for Working Children - "a) No child
employment of a child in hazardous work, shall suffer the penalty of a fine of not
shall be deprived of formal or non-formal education. In all cases of employment
less than One hundred thousand pesos (P100,000.00) but not more than One
allowed in this Act, the employer shall provide a working child with access to at
million pesos (P1,000,000.00), or imprisonment of not less than twelve (12) years
least primary and secondary education.
and one (1) day to twenty (20) years, or both such fine and imprisonment at the
"b) To ensure and guarantee the access of the working child to education and discretion of the court.
training, the Department of Education (DEPED) shall: (1) formulate, promulgate,
"c) Any person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted
and implement relevant and effective course designs and educational programs;
and penalized in accordance with the penalty provided for by R. A. 9208
(2) conduct the necessary training for the implementation of the appropriate
otherwise known as the "Anti-trafficking in Persons Act of 2003": Provided, That
curriculum for the purpose; (3) ensure the availability of the needed educational
Such penalty shall be imposed in its maximum period.
facilities and materials; and (4) conduct continuing research and development
program for the necessary and relevant alternative education of the working "d) Any person who violates Section 12-D (3) shall be prosecuted and penalized
child. in accordance with R.A. 9165, otherwise known as the "Comprehensive
Dangerous Drugs Act of 2002"; Provided, That such penalty shall be imposed in
"c) The DEPED shall promulgate a course design under its non-formal education
its maximum period.
program aimed at promoting the intellectual, moral and vocational efficiency of
working children who have not undergone or finished elementary or secondary "e) If a corporation commits any of the violations aforecited, the board of
education. Such course design shall integrate the learning process deemed most directors/trustees and officers, which include the president, treasurer and
effective under given circumstances." secretary of the said corporation who participated in or knowingly allowed the
violation, shall be penalized accordingly as provided for under this Section.
Section 5. Section 14 of the same Act is hereby amended to read as follows:
"f) Parents, biological or by legal fiction, and legal guardians found to be violating
"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. -
Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not less than Ten
No child shall be employed as a model in any advertisement directly or indirectly
thousand pesos (P10,000.00) but not more than One hundred thousand pesos
promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts,
(P100,000.00), or be required to render community service for not less than
gambling or any form of violence or pornography."
thirty (30) days but not more than one (1) year, or both such fine and community
Section 6. Section 16 of the same Act, is hereby amended to read as follows: service at the discretion of the court: Provided,  That the maximum length of
community service shall be imposed on parents or legal guardians who have
"Sec. 16. Penal Provisions - violated the provisions of this Act three (3) times; Provided, further, That in
"a) Any employer who violates Sections 12, 12-A, and Section 14 of this act, as addition to the community service, the penalty of imprisonment of thirty (30)
amended, shall be penalized by imprisonment of six (6) months and one (1) day days but not more than one (1) year or both at the discretion of the court, shall
to six (6) years or a fine of not less than Fifty thousand pesos (P50,000.00) but

26
 be imposed on the parents or legal guardians who have violated the provisions of "(c) Ascendant or collateral relative within the third degree of
this Act more than three (3) times. consanguinity;

"g) The Secretary, of Labor and Employment or his/her duly authorized "(d) Officer, social worker or representative of a licensed child-caring
representative may, after due notice and hearing, order the closure of any institution;
business firm or establishment found to have violated any of the provisions of
"(e) Officer or social worker of the Department of Social Welfare and
this Act more than three (3) times. He/she shall likewise order the immediate
Development;
closure of such firm or establishment if:
"(f) Barangay chairman of the place where the violation occurred, where
"(1) The violation of any provision of this Act has resulted in the death,
the child is residing or employed; or
insanity or serious physical injury of a child employed in such
establishment; or "(g) At least three (3) concerned, responsible citizens where the
violation occurred."
"(2) Such firm or establishment is engaged or employed in prostitution
or in obscene or lewd shows. Section 9. The same Act is hereby further amended by adding new sections to Section 16
to be denominated as Sections 16-A, 16-B and 16-C to read as follows:
"h) In case of such closure, the employer shall be required to pay the
employee(s) the separation pay and other monetary benefits provided for by "Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction over all
law." cases involving offenses punishable under this Act: Provided, That in cities or
provinces where there are no family courts yet, the regional trial courts and the
Section 7. The same Act is hereby further amended by adding a new section to be
municipal trial courts shall have concurrent jurisdiction depending on the
denominated as Section 16-A, to read as follows:
penalties prescribed for the offense charged.
"Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the court
"The preliminary investigation of cases filed under this Act shall be terminated
shall be treated as a Trust Fund, administered by the Department of Labor and
within a period of thirty (30) days from the date of filing.
Employment and disbursed exclusively for the needs, including the costs of
rehabilitation and reintegration into the mainstream of society of the working "If the preliminary investigation establishes a prima facie case, then the
children who are victims of the violations of this Act, and for the programs and corresponding information shall be filed in court within forty eight (48) hours
projects that will prevent acts of child labor." from the termination of the investigation.

Section 8. Section 27 of the same Act is hereby amended to read as follows: "Trial of cases under this Act shall be terminated by the court not later than
ninety (90) days from the date of filing of information. Decision on said cases
"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts
shall be rendered within a period of fifteen (15) days from the date of submission
committed against children as enumerated herein may be filed by the following:
of the case.
"(a) Offended party;
"Sec. 15. Exemptions from Filing Fees. - When the victim of child labor institutes a
"(b) Parents or guardians; separate civil action for the recovery of civil damages, he/she shall be exempt
from payment of filing fees.

27
 "Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services - The (a) Guarantee the fundamental rights of every child from all forms of neglect,
working child shall have the right to free legal, medical and psycho-social services cruelty and other conditions prejudicial to his/her development;
to be provided by the State."
(b) Protect every child from all forms of exploitation and abuse including, but not
Section 10. Implementing Rules and Regulations - The Secretary of Labor and limited to:
Employment, in coordination with the Committees on Labor and Employment of both
(1) the use of a child in pornographic performances and materials; and
Houses of Congress, shall issue the necessary Implementing Rules and Regulations (IRR) to
effectively implement the provisions of this Act, in consultation with concerned public and (2) the inducement or coercion of a child to engage or be involved in
private sectors, within sixty (60) days from the effectivity of this Act. pornography through whatever means; and

Such rules and regulations shall take effect upon their publication in two (2) (c) Comply with international treaties to which the Philippines is a signatory or a
national newspapers of general circulation. State party concerning the rights of children which include, but not limited to,
the Convention on the Rights of the Child, the Optional Protocol to the
Section 11. Separability Clause. - If any provision of this Act is declared invalid or
Convention on the Rights of the Child of the Child on the Sale of Children, Child
unconstitutional, the validity of the remaining provisions hereof shall remain in full force
Prostitution and Child Pornography, the International Labor Organization (ILO)
and effect.
Convention No.182 on the Elimination of the Worst Forms of Child Labor and the
Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions Convention Against Transnational Organized Crime.
of this Act are hereby repealed or modified accordingly.
Section 3. Definition of Terms. -
Section 13. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
(a) "Child" refers to a person below eighteen (18) years of age or over, but is
complete publication in the Official Gazette or in at least two (2) national newspapers of
unable to fully take care of himself/herself from abuse, neglect, cruelty,
general circulation.
exploitation or discrimination because of a physical or mental disability or
REPUBLIC ACT No. 9775 condition.

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES For the purpose of this Act, a child shall also refer to:
THEREFOR AND FOR OTHER PURPOSES
(1) a person regardless of age who is presented, depicted or portrayed
Be it enacted by the Senate and House of Representatives of the Philippines in Congress as a child as defined herein; and
assembled:
(2) computer-generated, digitally or manually crafted images or graphics
Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of of a person who is represented or who is made to appear to be a child
2009." as defined herein.

Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation (b) "Child pornography" refers to any representation, whether visual, audio, or
building and shall promote and protect their physical, moral, spiritual, intellectual, written combination thereof, by electronic, mechanical, digital, optical, magnetic
emotional, psychological and social well-being. Towards this end, the State shall: or any other means, of child engaged or involved in real or simulated explicit
sexual activities.

28
(c) "Explicit Sexual Activity" includes actual or simulated - (j) "Pandering" refers to the act of offering, advertising, promoting, representing
or distributing through any means any material or purported material that is
(1) As to form:
intended to cause another to believe that the material or purported material
(i) sexual intercourse or lascivious act including, but not limited to, contains any form of child pornography, regardless of the actual content of the
contact involving genital to genital, oral to genital, anal to genital, or material or purported material.
oral to anal, whether between persons of the same or opposite sex;
(k) "Person" refers to any natural or juridical entity.
(2) bestiality;
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:
(3) masturbation;
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the
(4) sadistic or masochistic abuse; creation or production of any form of child pornography;

(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area (b) To produce, direct, manufacture or create any form of child pornography;
and/or anus; or
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote,
(6) use of any object or instrument for lascivious acts export or import any form of child pornography;

(d) "Internet address" refers to a website, bulletin board service, internet chat (d) To possess any form of child pornography with the intent to sell, distribute,
room or news group, or any other internet or shared network protocol address. publish, or broadcast: Provided. That possession of three (3) or more articles of
child pornography of the same form shall be prima facie evidence of the intent to
(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to sell, distribute, publish or broadcast;
offer services to the public for the use of its computer/s or computer system for
the purpose of accessing the internet, computer games or related services. (e) To knowingly, willfully and intentionally provide a venue for the commission
of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas,
(f) "Internet content host" refers to a person who hosts or who proposes to host houses or in establishments purporting to be a legitimate business;
internet content in the Philippines.
(f) For film distributors, theaters and telecommunication companies, by
(g) "Internet service provider (ISP)" refers to a person or entity that supplies or themselves or in cooperation with other entities, to distribute any form of child
proposes to supply, an internet carriage service to the public. pornography;
(h) "Grooming" refers to the act of preparing a child or someone who the (g) For a parent, legal guardian or person having custody or control of a child to
offender believes to be a child for sexual activity or sexual relationship by knowingly permit the child to engage, participate or assist in any form of child
communicating any form of child pornography. It includes online enticement or pornography;
enticement through any other means.
(h) To engage in the luring or grooming of a child;
(i) "Luring" refers to the act of communicating, by means of a computer system,
with a child or someone who the offender believes to be a child for the purpose (i) To engage in pandering of any form of child pornography;
of facilitating the commission of sexual activity or production of any form of child
(j) To willfully access any form of child pornography;
pornography.(2) Bestiality;
29
 (k) To conspire to commit any of the prohibited acts stated in this section. any of its essential elements was committed pursuant to Republic Act No. 8369, otherwise
Conspiracy to commit any form of child pornography shall be committed when known as "Family Courts Act of 1997".
two (2) or more persons come to an agreement concerning the commission of
Section 9. Duties of an Internet Service Provider (ISP). - All internet service providers (ISPs)
any of the said prohibited acts and decide to commit it; and
shall notify the Philippine National Police (PNP) or the National Bureau of Investigation
(l) To possess any form of child pornography. (NBI) within seven (7) days from obtaining facts and circumstances that any form of child
pornography is being committed using its server or facility. Nothing in this section may be
Section 5. Syndicated Child Pornography - The crime of child pornography is deemed
construed to require an ISP to engage in the monitoring of any user, subscriber or
committed by a syndicate if carried out by a group of three (3) or more persons conspiring
customer, or the content of any communication of any such person: Provided, That no ISP
or confederating with one another and shall be punished under Section 15(a) of this Act.
shall be held civilly liable for damages on account of any notice given in good faith in
Section 6. Who May File a Complaint. - Complaints on cases of any form of child compliance with this section.
pornography and other offenses punishable under this Act may be filed by the following:
Furthermore, an ISP shall preserve such evidence for purpose of investigation and
(a) Offended party; prosecution by relevant authorities.

(b) Parents or guardians; An ISP shall, upon the request of proper authorities, furnish the particulars of users who
gained or attempted to gain access to an internet address which contains any form of
(c) Ascendant or collateral relative within the third degree of consanguinity; child pornography.
(d) Officer, social worker or representative of a licensed child-caring institution; All ISPs shall install available technology, program or software to ensure that access to or
(e) Officer or social worker of the Department of Social Welfare and transmittal of any form of child pornography will be blocked or filtered.
Development (DSWD); An ISP who shall knowingly, willfully and intentionally violate this provision shall be
(f) Local social welfare development officer; subject to the penalty provided under Section 15(k) of this Act.

(g) Barangay chairman; The National Telecommunications Commission (NTC) shall promulgate within ninety (90)
days from the effectivity of this Act the necessary rules and regulations for the
(h) Any law enforcement officer; implementation of this provision which shall include, among others, the installation of
filtering software that will block access to or transmission of any form of the child
(i) At least three (3) concerned responsible citizens residing in the place where
pornography.
the violation occurred; or
Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other
(j) Any person who has personal knowledge of the circumstances of the
Business Establishments. - All mall owners/operators and owners or lessors of other
commission of any offense under this Act.
business establishments shall notify the PNP or the NBI within seven (7) days from
Section 7. Appointment of Special Prosecutors. - The Department of Justice (DOJ) shall obtaining facts and circumstances that child pornography is being committed in their
appoint or designate special prosecutors to prosecute cases for the violation of this Act. premises. Provided, That public display of any form of child pornography within their
premises is a conclusive presumption of the knowledge of the mall owners/operators and
Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested
owners or lessors of other business establishments of the violation of this Act: Provided,
in the Family Court which has territorial jurisdiction over the place where the offense or
30
further, That a disputable presumption of knowledge by mall owners/operators and Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage
owners or lessors of other business establishments should know or reasonably know that of the investigation, prosecution and trial of an offense under this Act. Towards this end,
a violation of this Act is being committed in their premises. the following rules shall be observed:

Photo developers, information technology professionals, credit card companies and banks (a) The judge, prosecutor or any officer of the law to whom the complaint has
and any person who has direct knowledge of any form of child pornography activities shall been referred to may, whenever necessary to ensure a fair and impartial
have the duty to report any suspected child pornography materials or transactions to the proceeding and after considering all circumstances for the best interest of the
proper authorities within seven (7) days from discovery thereof. child conduct a closed-door investigation, prosecution or trial;

Any willful and intentional violation of this provision shall be subject to the penalty (b) The name and personal circumstances of the child, including the child's
provided under Section 15(l) of this Act. immediate family, or any other information tending to establish his/her identity
shall not be disclosed to the public;
Section 11. Duties of an Internet Content Host. - An internet content host shall:
(c) Any record regarding a child shall be confidential and kept under seal. Except
(a) Not host any form of child pornography on its internet address;
upon written request and order of the court, a record shall be released only to
(b) Within seven (7) days, report the presence of any form of child pornography, the following:
as well as the particulars of the person maintaining, hosting, distributing or in any
(1) Members of the court staff for administrative use;
manner contributing to such internet address, to the proper authorities; and
(2) The prosecuting attorney;
(c) Preserve such evidence for purposes of investigation and prosecution by
relevant authorities. (3) Defense counsel;

An internet content host shall, upon the request of proper authorities, furnish the (4) The guardian ad litem;
particulars of users who gained or attempted to gain access to an internet address that
(5) Agents of investigating law enforcement agencies and
contains any form of child pornography.
(6) Other persons as determined by the court.
An internet content host who shall knowingly, willfully and intentionally violate this
provision shall be subject to the penalty provided under Section 15(j) of this Act: Provided, (d) Any form of child pornography that is part of the court records shall be
That the failure of the internet content host to remove any form of child pornography subject to a protective order that provides as follows:
within forty-eight (48) hours from receiving the notice that any form of child pornography
is hitting its server shall be conclusive evidence of willful and intentional violation thereof. (1) Any form of child pornography may be viewed only by the parties,
their counsel, their expert witness and guardian ad litem;
Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU)
of the city or municipality where an internet café or kiosk is located shall have the (2) Neither form of child pornography nor any portion thereof shall be
authority to monitor and regulate the establishment and operation of the same or similar divulged to any other person, except as necessary for investigation,
establishments in order to prevent violation of the provisions of this Act. prosecution or trial; and

(3) No person shall be granted access to any form of child pornography

or any part thereof unless he/she signs a written affirmation that he/she
31
 has received and read a copy of the protection order; that he/she less than One million pesos (Php1,000,000.00) but not more than Two million
submits to the jurisdiction of the court with respect to the protective (Php2,000,000.00);
order; and that, in case of violation thereof, he/she will be subject to the
(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall
contempt power of the court; and
suffer the penalty of reclusion temporal in its medium period and a fine of not
(e) In cases when prosecution or trial is conducted behind closed doors, it shall less than Seven hundred fifty thousand pesos (Php750,000.00) but not more than
be unlawful for any editor, publisher and reporter or columnist in case of printed One million pesos (Php1,000,000.00);
materials, announcer or producer in case of television and radio, producer and
(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the
director of a film in case of the movie industry, or any person utilizing the tri-
penalty of reclusion temporal in its minimum period and a fine of not less than
media facilities or information technology to publish or broadcast the names of
Five hundred thousand pesos (Php500,000.00) but not more than Seven hundred
the victims of any case of child pornography.
thousand pesos (Php700,000.00);
Any violation of this provision shall be subject to the penalty provided for under Section
(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the
15(m) of this Act.
penalty of prision mayor in its maximum period and a fine of not less than Three
Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that hundred thousand pesos (Php300,000.00) but not more than Five hundred
the child who is a victim of any form of child pornography is provided appropriate care, thousand pesos (Php500,000.00);
custody and support for their recovery and reintegration in accordance with existing laws.
(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the
The child and his family shall be entitled to protection as well as to the rights and benefits penalty of prision mayor in its minimum period and a fine of not less than Three
of witnesses under Republic Act No. 6981, otherwise known as "The Witness Protection, hundred thousand pesos (php300,000.00) but not more than Five hundred
Security and Benefit Act". thousand pesos (Php500,000.00);

The child shall also be considered as a victim of a violent crime defined under Section 3(d) (g) Any person found guilty of violating Section 4(j) of this Act shall suffer the
of Republic Act No. 7309, otherwise known as "An Act Creating a Board of Claims under penalty of prision correccional in its maximum period and a fine of not less than
the Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Two hundred thousand pesos (Php200,000.00) but not more than Three hundred
Violent Crimes and for Other Purposes", so that the child may claim compensation thousand pesos (Php300,000.00);
therein.
(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the
Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby penalty of prision correccional in its medium period and a fine of not less than
established for offenses enumerated in this Act: One hundred thousand pesos (php100,000.00) but not more than Two hundred
fifty thousand pesos (php250,000.00);
(a) Any person found guilty of syndicated child pornography as defined in Section
5 of this Act shall suffer the penalty of reclusion perpetua and a fine of not less (i) Any person found guilty of violating Section 4(l) of this Act shall suffer the
than Two million pesos (Php2,000,000.00) but not more than Five million pesos penalty of arresto mayor in its minimum period and a fine of not less than Fifty
(Php5,000,000.00); thousand pesos (Php50,000.00) but not more than One hundred thousand pesos
(Php100,000.00);
(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall
suffer the penalty of reclusion temporal in its maximum period and a fine of not
32
 (j) Any person found guilty of violating Section 11 of this Act shall suffer the in its maximum duration; Provided, That this provision shall not apply to Section
penalty of prision correccional in its medium period and a fine of not less than 4(g) of this Act;
One million pesos (Php1,000,000.00) but not more than Two million pesos
(b) If the offender is a juridical person, the penalty shall be imposed upon the
(Php2,000,000.00) for the first offense. In the case of a subsequent offense, the
owner, manager, partner, member of the board of directors and/or any
penalty shall be a fine not less than Two million pesos (Php2,000,000.00) but not
responsible officer who participated in the commission of the crime or shall have
more than Three million pesos (Php3,000,000.00) and revocation of its license to
knowingly permitted or failed to prevent its commissions;
operate and immediate closure of the establishment;
(c) If the offender is a foreigner, he/she shall be immediately deported after the
(k) Any ISP found guilty of willfully and knowingly failing to comply with the
complete service of his/her sentence and shall forever be barred from entering
notice and installation requirements under Section 9 of this Act shall suffer the
the country; and
penalty of a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than One million pesos (Php1,000,000.00) for the first offense. In (d) The penalty provided for in this Act shall be imposed in its maximum duration
case of subsequent offense, the penalty shall be a fine of not less than One if the offender is a public officer or employee.
million pesos (Php1,000,000.00) but not more than Two million pesos
(Php2,000,000.00) and revocation of its license to operate; Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in
Child Pornography. - In addition to the penalty imposed for the violation of this Act, the
(l) Any mall owner-operator and owner or lessor of other business court shall order the confiscation and forfeiture in favor of the government of all the
establishments including photo developers, information technology proceeds, tools and instruments used in the commission of the crime, unless they are the
professionals, credit card companies and banks, found guilty of willfully and property of a third person not liable for the unlawful act; Provided, however, That all
knowingly failing to comply with the notice requirements under Section 10 of this awards for damages shall be taken from the personal and separate properties of the
Act shall suffer the penalty of a fine of not less than One million pesos offender; Provided, further, That if such properties are insufficient, the deficiency shall be
(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for taken from the confiscated and forfeited proceeds, tools and instruments.
the first offense. In the case of a subsequent offense, the penalty shall be a fine
of not less than Two million pesos (Php2,000,000.00) but not more than Three All proceeds derived from the sale of properties used for the commission of any form of
million pesos (Php3,000,000.00) and revocation of its license to operate and child pornography shall accrue to the special account of the DSWD which shall be used
immediate closure of the establishment; and exclusively for the implementation of this Act.

(m) Any person found guilty of violating Section 13 of this Act shall suffer the When the proceeds, tools and instruments used in the commission of the offense have
penalty of arresto mayor in its minimum period and a fine of not less than One been destroyed diminished in value or otherwise rendered worthless by any act or
hundred thousand pesos (Php100,000.00) but not more than Three hundred omission, directly or indirectly, of the offender, or it has been concealed, removed,
thousand pesos (Php300,000.00). converted or transferred to prevent the same from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to pay the amount equal to the value of the
Section 16. Common Penal Provisions. - proceeds, tools and instruments used in the commission of the offense.1avvphi1

(a) If the offender is a parent, ascendant, guardian, step-parent or collateral Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery,
relative within the third degree of consanguinity or affinity or any person having rehabilitation and reintegration into the mainstream of society concerned government
control or moral ascendancy over the child, the penalty provided herein shall be

33
agencies and the LGUs shall make available the following services to victims of any form (d) Sponsorship of conferences and seminars to provide venue for consensus
of child pornography: building amongst the public, the academe , government, nongovernmental and
international organizations and
(a) Emergency shelter or appropriate housing;
(e) Promotion of information and education campaign.
(b) Counseling;
Section 20. Inter - Agency Council against Child Pornography. - There is hereby established
(c) Free legal services, which shall include information about the victim's rights
an Inter-Agency Council against Child Pornography to be composed of the Secretary of the
and the procedure for filing of complaints, claims for compensation and such
DSWD as chairperson and the following as members:
other legal remedies available to them in a language understood by the child;
(a) Secretary of the Department of Justice:
(d) Medical or psychological services;
(b) Secretary of the Department of Labor and Employment
(e) Livelihood and skills training; and
(c) Secretary of the Department of Science and Technology
(f) Educational assistance.
(d) Chief of the Philippine National Police;
Sustained supervision and follow through mechanism that will track the progress of
recovery, rehabilitation and reintegration of the child victims shall adopted and carried (e) Chairperson of the Commission on Information and Communications
out. Technology;

Section 19. Programs for Victims of Child Pornography. The Inter-Agency Council Against (g) Commissioner of the National Telecommunications Commission;
Child Pornography created under Section 20 of this Act shall develop and implement the
(h) Executive Director of the Council for the Welfare of Children;
necessary programs that will prevent any form of child pornography, as well as protect,
heal and reintegrate the child into the mainstream of society. Such programs shall include (i) Executive Director of the Philippine Center for Transnational Crimes;
beat but not limited to the following:
(j) Executive Director of the Optical Media Board;
(a) Provision of mandatory services including counseling free legal services,
medical or psychological services, livelihood and skills training and educational (k) Director of the National Bureau of Investigation; and
assistance to the child pursuant to Section 18 of this Act; (l) Three (3) representatives from children's nongovernmental organizations.
(b) Sponsorship of a national research program on any form of child pornography These representatives shall be nominated by the government agency
and other acts covered by the law and the establishment of a data collection representatives of the Council for appointment by the President for a term of
system for monitoring and evaluation purposes; three (3) years and may be renewed upon renomination and reappointment by
the Council and the President respectively.
(c) Provision of necessary technical and material support services to appropriate
government agencies and nongovernmental organizations: The members of the Council mat designate their permanent representatives, who shall
have a rank not lower than assistant secretary or its equivalent, to meetings and shall
receive emoluments as may be determined by the Council in accordance with existing
budget and accounting rules and regulations.

34
The DSWD shall establish the necessary Secretariat for the Council. (l) Recommend measures to enhance cooperative efforts and mutual assistance
among foreign countries through bilateral and/or multilateral arrangements to
Section 21. Functions of the Council. - The Council shall have the following powers and
prevent and suppress any form of child pornography;
functions:
(m) Adopt measures and policies to protect the rights and needs of the victims of
(a) Formulate comprehensive and integrated plans and programs to prevent and
child pornography who are foreign nationals in the Philippines;
suppress any form of child pornography;
(n) maintain a database of cases of child pornography;
(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act; (o) Initiate training programs in identifying and providing the necessary
intervention or assistance to victims of child pornography.
(c) Monitor and oversee the strict implementation of this Act;
(p) Submit to the President and the Congressional Oversight committee credited
(d) Coordinate the programs and projects of the various members agencies
herein the annual report on the policies, plans, programs and activities of the
effectively address the issues and problems attendant to child pornography;
Council relative to the implementation of this Act; and
(e) Conduct and coordinate massive information disseminations and campaign
(q) Exercise all the powers and perform such other functions necessary to attain
on the existence of the law and the various issues and problems attendant to
the purposes and objectives of this Act.
child pornography;
Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on
(f) Direct other agencies to immediately respond to the problems brought to
transnational Organized Crime, the DOJ may execute the request of a foreign state for
their attention and report to the Council on the action taken;
assistance in the investigation or prosecution of any form of child pornography by: (1)
(g) Assist in the filling of cases against individuals, agencies, institutions or conducting a preliminary investigation against the offender and, if appropriate, to file the
establishments that violate the provisions of this Act; necessary charges in court; (2) giving information needed by the foreign state; and (3) to
apply for an order of forfeiture of any proceeds or monetary instrument or properly
(h) Formulate a program for the reintegration of victims of child pornography; located in the Philippines used in connection with child pornography in the
(i) Secure from any department, bureau, office, agency or instrumentality of the court; Provided, That if the DOJ refuses to act on the request of for delaying the execution
government or from NGOs and other civic organizations such assistance as may thereof: Provided, further, That the principles of mutuality and reciprocity shall, for this
be needed to effectively implement this Act; purpose, be at all times recognized.

(j) Complement the shared government information system relative to child Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign Affairs
abuse and exploitation and ensure that the proper agencies conduct a continuing (DFA), shall endeavor to include child pornography among extraditable offenses in future
research and study on the patterns and schemes of any form of child treaties.
pornography which form basis for policy formulation and program direction; Section 24. Congressional Oversight Committee. -There is hereby created a Congressional
(k) develop the mechanism to ensure the timely, coordinated and effective Oversight Committee composed of five (5) members from the Senate and five (5)
response to cases of child pornography; members from the House of Representatives. The members from the Senate shall be
appointed by the Senate President based on proportional representation of the parties or
coalition therein with at least one (1) member representing the Minority. The members
35
from the House of Representative shall be appointed by the Speaker, also based on Republic Act No. 9208             May 26, 2003
proportional representation of the parties or coalitions therein with the Chair of the
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY
House of Committee on Welfare of Children and at least one (1) member representing the
WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS
Minority
FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES
The Committee shall be headed by the respective Chairs of the Senate Committee on FOR ITS VIOLATIONS, AND FOR OTHER
Youth, Women and Family relations and the House of Representatives Committee on
Be it enacted by the Senate and the House of Representatives of the Philippines in
Justice. The Secretariat of the Congressional Oversight Committee shall come from the
Congress assembled:
existing Secretariat personnel of the Committees of the Senate and the House of
Representatives concerned. Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".

The Committee shall monitor and ensure the effective implementation of this Act, Section 2.  Declaration of Policy. – It is hereby declared that the State values the dignity of
determine inherent weakness and loopholes in the law. Recommend the necessary every human person and guarantees the respect of individual rights. In pursuit of this
remedial legislator or administrative measures and perform such other duties and policy, the State shall give highest priority to the enactment of measures and
functions as may be necessary to attain the objectives of this Act. development of programs that will promote human dignity, protect the people from any
threat of violence and exploitation, eliminate trafficking in persons, and mitigate
Section 25. Appropriations. - The amount necessary to implement the provisions of the
pressures for involuntary migration and servitude of persons, not only to support
Anti-Child Pornography Act and the operationalization of the Inter-Agency Council Against
trafficked persons but more importantly, to ensure their recovery, rehabilitation and
Child Pornography shall be included in the annual General Appropriations Act.
reintegration into the mainstream of society.
Section 26. Implementing Rules and Regulations. - The Inter- Agency Council Against Child
It shall be a State policy to recognize the equal rights and inherent human dignity of
pornography shall promulgate the necessary implementing rules and regulations within
women and men as enshrined in the United Nations Universal Declaration on Human
ninety (90) days from the effectivity of this Act.
Rights, United Nations Convention on the Rights of the Child, United Nations Convention
Section 27. Suppletory Application of the Revised Penal Code. - The Revised penal Code on the Protection of Migrant Workers and their Families. United Nations Convention
shall be suppletorily applicable to this Act. Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children and all other relevant and
Section 28. Separability Clause. - If any part of this Act is declared unconstitutional or
universally accepted human rights instruments and other international conventions to
invalid, the other provisions not affected thereby shall continue to be in full force and
which the Philippines is a signatory.
effect.
Section 3. Definition of Terms. - As used in this Act:
Section 29. Repealing Clause. - All laws, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to the (a) Trafficking in Persons - refers to the recruitment, transportation, transfer or
provisions of this Act are deemed amended, modified or repealed accordingly. harboring, or receipt of persons with or without the victim's consent or
knowledge, within or across national borders by means of threat or use of force,
Section 30. Effectivity. - This Act shall effect after fifteen (15) days following its complete
or other forms of coercion, abduction, fraud, deception, abuse of power or of
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
position, taking advantage of the vulnerability of the person, or, the giving or
Approved, receiving of payments or benefits to achieve the consent of a person having

36
control over another person for the purpose of exploitation which includes at a or when the value of the services as reasonably assessed is not applied toward
minimum, the exploitation or the prostitution of others or other forms of sexual the liquidation of the debt.
exploitation, forced labor or services, slavery, servitude or the removal or sale of
(h) Pornography - refers to any representation, through publication, exhibition,
organs.
cinematography, indecent shows, information technology, or by whatever
The recruitment, transportation, transfer, harboring or receipt of a child for the means, of a person engaged in real or simulated explicit sexual activities or any
purpose of exploitation shall also be considered as "trafficking in persons" even if representation of the sexual parts of a person for primarily sexual purposes.
it does not involve any of the means set forth in the preceding paragraph.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under
(b) Child - refers to a person below eighteen (18) years of age or one who is over Section 20 of this Act.
eighteen (18) but is unable to fully take care of or protect himself/herself from
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
abuse, neglect, cruelty, exploitation, or discrimination because of a physical or
juridical, to commit any of the following acts:
mental disability or condition.
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any
(c) Prostitution  - refers to any act, transaction, scheme or design involving the
means, including those done under the pretext of domestic or overseas
use of a person by another, for sexual intercourse or lascivious conduct in
employment or training or apprenticeship, for the purpose of prostitution,
exchange for money, profit or any other consideration.
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
(d) Forced Labor and Slavery - refer to the extraction of work or services from any debt bondage;
person by means of enticement, violence, intimidation or threat, use of force or
(b) To introduce or match for money, profit, or material, economic or other
coercion, including deprivation of freedom, abuse of authority or moral
consideration, any person or, as provided for under Republic Act No. 6955, any
ascendancy, debt-bondage or deception.
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
(e) Sex Tourism - refers to a program organized by travel and tourism-related buying, offering, selling or trading him/her to engage in prostitution,
establishments and individuals which consists of tourism packages or activities, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
utilizing and offering escort and sexual services as enticement for tourists. This debt bondage;
includes sexual services and practices offered during rest and recreation periods
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring,
for members of the military.
buying, offering, selling, or trading them to engage in prostitution, pornography,
(f) Sexual Exploitation - refers to participation by a person in prostitution or the sexual exploitation, forced labor or slavery, involuntary servitude or debt
production of pornographic materials as a result of being subjected to a threat, bondage;
deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or
(d) To undertake or organize tours and travel plans consisting of tourism
through abuse of a victim's vulnerability.
packages or activities for the purpose of utilizing and offering persons for
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal prostitution, pornography or sexual exploitation;
services or labor or those of a person under his/her control as security or
(e) To maintain or hire a person to engage in prostitution or pornography;
payment for a debt, when the length and nature of services is not clearly defined

37
 (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, (f) To confiscate, conceal, or destroy the passport, travel documents, or personal
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or documents or belongings of trafficked persons in furtherance of trafficking or to
debt bondage; prevent them from leaving the country or seeking redress from the government
or appropriate agencies; and
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or
use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or
removal or sale of organs of said person; and services of a person held to a condition of involuntary servitude, forced labor, or
slavery.
(h) To recruit, transport or adopt a child to engage in armed activities in the
Philippines or abroad. Section 6. Qualified Trafficking in Persons. - The following are considered as qualified
trafficking:
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or
facilitate trafficking in persons, shall be unlawful: (a) When the trafficked person is a child;

(a) To knowingly lease or sublease, use or allow to be used any house, building or (b) When the adoption is effected through Republic Act No. 8043, otherwise
establishment for the purpose of promoting trafficking in persons; known as the "Inter-Country Adoption Act of 1995" and said adoption is for the
purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
(b) To produce, print and issue or distribute unissued, tampered or fake
involuntary servitude or debt bondage;
counseling certificates, registration stickers and certificates of any government
agency which issues these certificates and stickers as proof of compliance with (c) When the crime is committed by a syndicate, or in large scale. Trafficking is
government regulatory and pre-departure requirements for the purpose of deemed committed by a syndicate if carried out by a group of three (3) or more
promoting trafficking in persons; persons conspiring or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons, individually or as a
(c) To advertise, publish, print, broadcast or distribute, or cause the
group;
advertisement, publication, printing, broadcasting or distribution by any means,
including the use of information technology and the internet, of any brochure, (d) When the offender is an ascendant, parent, sibling, guardian or a person who
flyer, or any propaganda material that promotes trafficking in persons; exercises authority over the trafficked person or when the offense is committed
by a public officer or employee;
(d) To assist in the conduct of misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and necessary exit documents from (e) When the trafficked person is recruited to engage in prostitution with any
government agencies that are mandated to provide pre-departure registration member of the military or law enforcement agencies;
and services for departing persons for the purpose of promoting trafficking in
(f) When the offender is a member of the military or law enforcement agencies;
persons;
and
(e) To facilitate, assist or help in the exit and entry of persons from/to the
(g) When by reason or on occasion of the act of trafficking in persons, the
country at international and local airports, territorial boundaries and seaports
offended party dies, becomes insane, suffers mutilation or is afflicted with
who are in possession of unissued, tampered or fraudulent travel documents for
Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
the purpose of promoting trafficking in persons;
Syndrome (AIDS).

38
Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an less than Five hundred thousand pesos (P500,000.00) but not more than One
offense under this Act, law enforcement officers, prosecutors, judges, court personnel and million pesos (P1,000,000.00);
medical practitioners, as well as parties to the case, shall recognize the right to privacy of
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the
the trafficked person and the accused. Towards this end, law enforcement officers,
penalty of life imprisonment and a fine of not less than Two million pesos
prosecutors and judges to whom the complaint has been referred may, whenever
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
necessary to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation, (d) Any person who violates Section 7 hereof shall suffer the penalty of
prosecution or trial. The name and personal circumstances of the trafficked person or of imprisonment of six (6) years and a fine of not less than Five hundred thousand
the accused, or any other information tending to establish their identities and such pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
circumstances or information shall not be disclosed to the public.
(e) If the offender is a corporation, partnership, association, club, establishment
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful or any juridical person, the penalty shall be imposed upon the owner, president,
for any editor, publisher, and reporter or columnist in case of printed materials, partner, manager, and/or any responsible officer who participated in the
announcer or producer in case of television and radio, producer and director of a film in commission of the crime or who shall have knowingly permitted or failed to
case of the movie industry, or any person utilizing tri-media facilities or information prevent its commission;
technology to cause publicity of any case of trafficking in persons.
(f) The registration with the Securities and Exchange Commission (SEC) and
Section 8. Prosecution of Cases. - Any person who has personal knowledge of the license to operate of the erring agency, corporation, association, religious group,
commission of any offense under this Act, the trafficked person, the parents, spouse, tour or travel agent, club or establishment, or any place of entertainment shall
siblings, children or legal guardian may file a complaint for trafficking. be cancelled and revoked permanently. The owner, president, partner or
manager thereof shall not be allowed to operate similar establishments in a
Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where
different name;
the offense was committed, or where any of its elements occurred, or where the
trafficked person actually resides at the time of the commission of the offense: Provided, (g) If the offender is a foreigner, he shall be immediately deported after serving
That the court where the criminal action is first filed shall acquire jurisdiction to the his sentence and be barred permanently from entering the country;
exclusion of other courts.
(h) Any employee or official of government agencies who shall issue or approve
Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby the issuance of travel exit clearances, passports, registration certificates,
established for the offenses enumerated in this Act: counseling certificates, marriage license, and other similar documents to
persons, whether juridical or natural, recruitment agencies, establishments or
(a) Any person found guilty of committing any of the acts enumerated in Section
other individuals or groups, who fail to observe the prescribed procedures and
4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not
the requirement as provided for by laws, rules and regulations, shall be held
less than One million pesos (P1,000,000.00) but not more than Two million pesos
administratively liable, without prejudice to criminal liability under this Act. The
(P2,000,000.00);
concerned government official or employee shall, upon conviction, be dismissed
(b) Any person found guilty of committing any of the acts enumerated in Section from the service and be barred permanently to hold public office. His/her
5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not retirement and other benefits shall likewise be forfeited; and

39
 (i) Conviction by final judgment of the adopter for any offense under this Act shall be ordered to pay the amount equal to the value of the proceeds, property or
shall result in the immediate rescission of the decree of adoption. instruments of the offense.

Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties
trafficked persons for prostitution shall be penalized as follows: forfeited and confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be
administered and managed by the Council to be used exclusively for programs that will
(a) First offense - six (6) months of community service as may be determined by
prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked persons into the
the court and a fine of Fifty thousand pesos (P50,000.00); and
mainstream of society. Such programs shall include, but not limited to, the following:
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of
(a) Provision for mandatory services set forth in Section 23 of this Act;
One hundred thousand pesos (P100,000.00).
(b) Sponsorship of a national research program on trafficking and establishment
Section 12.  Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10)
of a data collection system for monitoring and evaluation purposes;
years: Provided, however, That trafficking cases committed by a syndicate or in a large
scale as defined under Section 6 shall prescribe in twenty (20) years. (c) Provision of necessary technical and material support services to appropriate
government agencies and non-government organizations (NGOs);
The prescriptive period shall commence to run from the day on which the trafficked
person is delivered or released from the conditions of bondage and shall be interrupted (d) Sponsorship of conferences and seminars to provide venue for consensus
by the filing of the complaint or information and shall commence to run again when such building amongst the public, the academe, government, NGOs and international
proceedings terminate without the accused being convicted or acquitted or are organizations; and
unjustifiably stopped for any reason not imputable to the accused.
(e) Promotion of information and education campaign on trafficking.
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate
Section 16. Programs that Address Trafficking in Persons. - The government shall establish
civil action for the recovery of civil damages, he/she shall be exempt from the payment of
and implement preventive, protective and rehabilitative programs for trafficked persons.
filing fees.
For this purpose, the following agencies are hereby mandated to implement the following
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from programs;
Trafficking in Persons. - In addition to the penalty imposed for the violation of this Act, the
(a) Department of Foreign Affairs (DFA) - shall make available its resources and
court shall order the confiscation and forfeiture, in favor of the government, of all the
facilities overseas for trafficked persons regardless of their manner of entry to
proceeds and properties derived from the commission of the crime, unless they are the
the receiving country, and explore means to further enhance its assistance in
property of a third person not liable for the unlawful act; Provided, however,  That all
eliminating trafficking activities through closer networking with government
awards for damages shall be taken from the personal and separate properties of the
agencies in the country and overseas, particularly in the formulation of policies
offender; Provided, further, That if such properties are insufficient, the balance shall be
and implementation of relevant programs.
taken from the confiscated and forfeited properties.
The DFA shall take necessary measures for the efficient implementation of the
When the proceeds, properties and instruments of the offense have been destroyed,
Machine Readable Passports to protect the integrity of Philippine passports, visas
diminished in value or otherwise rendered worthless by any act or omission, directly or
and other travel documents to reduce the incidence of trafficking through the
indirectly, of the offender, or it has been concealed, removed, converted or transferred to
use of fraudulent identification documents.
prevent the same from being found or to avoid forfeiture or confiscation, the offender
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It shall establish and implement a pre-marriage, on-site and pre-departure investigation and apprehension of suspected traffickers. It shall also establish a
counseling program on intermarriages. system to receive complaints and calls to assist trafficked persons and conduct
rescue operations.
(b) Department of Social Welfare and Development (DSWD) - shall implement
rehabilitative and protective programs for trafficked persons. It shall provide (h) Philippine Overseas Employment Administration (POEA) - shall implement an
counseling and temporary shelter to trafficked persons and develop a system for effective pre-employment orientation seminars and pre-departure counseling
accreditation among NGOs for purposes of establishing centers and programs for programs to applicants for overseas employment. It shall likewise formulate a
intervention in various levels of the community. system of providing free legal assistance to trafficked persons.

(c) Department of Labor and Employment (DOLE) - shall ensure the strict (i) Department of the Interior and Local Government (DILG) - shall institute a
implementation and compliance with the rules and guidelines relative to the systematic information and prevention campaign and likewise maintain a
employment of persons locally and overseas. It shall likewise monitor, document databank for the effective monitoring, documentation and prosecution of cases
and report cases of trafficking in persons involving employers and labor on trafficking in persons.
recruiters.
(j) Local government units (LGUs) - shall monitor and document cases of
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused trafficking in persons in their areas of jurisdiction, effect the cancellation of
of trafficking and designate and train special prosecutors who shall handle and licenses of establishments which violate the provisions of this Act and ensure
prosecute cases of trafficking. It shall also establish a mechanism for free legal effective prosecution of such cases. They shall also undertake an information
assistance for trafficked persons, in coordination with the DSWD, Integrated Bar campaign against trafficking in persons through the establishment of the
of the Philippines (IBP) and other NGOs and volunteer groups. Migrants Advisory and Information Network (MAIN) desks in municipalities or
provinces in coordination with DILG, Philippine Information Agency (PIA),
(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively
Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies.
participate and coordinate in the formulation and monitoring of policies
They shall encourage and support community based initiatives which address the
addressing the issue of trafficking in persons in coordination with relevant
trafficking in persons.
government agencies. It shall likewise advocate for the inclusion of the issue of
trafficking in persons in both its local and international advocacy for women's In implementing this Act, the agencies concerned may seek and enlist the
issues. assistance of NGOs, people's organizations (Pos), civic organizations and other
volunteer groups.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration
and alien administration laws. It shall adopt measures for the apprehension of Section 17. Legal Protection to Trafficked Persons.  - Trafficked persons shall be recognized
suspected traffickers both at the place of arrival and departure and shall ensure as victims of the act or acts of trafficking and as such shall not be penalized for crimes
compliance by the Filipino fiancés/fiancées and spouses of foreign nationals with directly related to the acts of trafficking enumerated in this Act or in obedience to the
the guidance and counseling requirement as provided for in this Act. order made by the trafficker in relation thereto. In this regard, the consent of a trafficked
person to the intended exploitation set forth in this Act shall be irrelevant.
(g) Philippine National Police (PNP) - shall be the primary law enforcement
agency to undertake surveillance, investigation and arrest of individuals or Section 18. Preferential Entitlement Under the Witness Protection Program. - Any
persons suspected to be engaged in trafficking. It shall closely coordinate with provision of Republic Act No. 6981 to the contrary notwithstanding, any trafficked person
various law enforcement agencies to secure concerted efforts for effective shall be entitled to the witness protection program provided therein.
41
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines (a) Formulate a comprehensive and integrated program to prevent and suppress
issued by the Council, trafficked persons in the Philippines who are nationals of a foreign the trafficking in persons;
country shall also be entitled to appropriate protection, assistance and services available
(b) Promulgate rules and regulations as may be necessary for the effective
to trafficked persons under this Act: Provided, That they shall be permitted continued
implementation of this Act;
presence in the Philippines for a length of time prescribed by the Council as necessary to
effect the prosecution of offenders. (c) Monitor and oversee the strict implementation of this Act;

Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an (d) Coordinate the programs and projects of the various member agencies to
Inter-Agency Council Against Trafficking, to be composed of the Secretary of the effectively address the issues and problems attendant to trafficking in persons;
Department of Justice as Chairperson and the Secretary of the Department of Social
Welfare and Development as Co-Chairperson and shall have the following as members: (e) Coordinate the conduct of massive information dissemination and campaign
on the existence of the law and the various issues and problems attendant to
(a) Secretary, Department of Foreign Affairs; trafficking through the LGUs, concerned agencies, and NGOs;

(b) Secretary, Department of Labor and Employment; (f) Direct other agencies to immediately respond to the problems brought to
their attention and report to the Council on action taken;
(c) Administrator, Philippine Overseas Employment Administration;
(g) Assist in filing of cases against individuals, agencies, institutions or
(d) Commissioner, Bureau of Immigration;
establishments that violate the provisions of this Act;
(e) Director-General, Philippine National Police;
(h) Formulate a program for the reintegration of trafficked persons in
(f) Chairperson, National Commission on the Role of Filipino Women; and cooperation with DOLE, DSWD, Technical Education and Skills Development
Authority (TESDA), Commission on Higher Education (CHED), LGUs and NGOs;
(g) Three (3) representatives from NGOs, who shall be composed of one (1)
representative each from among the sectors representing women, overseas (i) Secure from any department, bureau, office, agency, or instrumentality of the
Filipino workers (OFWs) and children, with a proven record of involvement in the government or from NGOs and other civic organizations such assistance as may
prevention and suppression of trafficking in persons. These representatives shall be needed to effectively implement this Act;
be nominated by the government agency representatives of the Council, for
(j) Complement the shared government information system for migration
appointment by the President for a term of three (3) years.
established under Republic Act No. 8042, otherwise known as the "Migrant
The members of the Council may designate their permanent representatives who Workers and Overseas Filipinos Act of 1995" with data on cases of trafficking in
shall have a rank not lower than an assistant secretary or its equivalent to persons, and ensure that the proper agencies conduct a continuing research and
meetings, and shall receive emoluments as may be determined by the Council in study on the patterns and scheme of trafficking in persons which shall form the
accordance with existing budget and accounting, rules and regulations. basis for policy formulation and program direction;

Section 21. Functions of the Council. - The Council shall have the following powers and (k) Develop the mechanism to ensure the timely, coordinated, and effective
functions: response to cases of trafficking in persons;

42
 (l) Recommend measures to enhance cooperative efforts and mutual assistance Sustained supervision and follow through mechanism that will track the progress of
among foreign countries through bilateral and/or multilateral arrangements to recovery, rehabilitation and reintegration of the trafficked persons shall be adopted and
prevent and suppress international trafficking in persons; carried out.

(m) Coordinate with the Department of Transportation and Communications Section 24. Other Services for Trafficked Persons. -
(DOTC), Department of Trade and Industry (DTI), and other NGOs in monitoring
(a) Legal Assistance. - Trafficked persons shall be considered under the category
the promotion of advertisement of trafficking in the internet;
"Overseas Filipino in Distress" and may avail of the legal assistance created by
(n) Adopt measures and policies to protect the rights and needs of trafficked Republic Act No. 8042, subject to the guidelines as provided by law.
persons who are foreign nationals in the Philippines;
(b) Overseas Filipino Resource Centers. - The services available to overseas
(o) Initiate training programs in identifying and providing the necessary Filipinos as provided for by Republic Act No. 8042 shall also be extended to
intervention or assistance to trafficked persons; and trafficked persons regardless of their immigration status in the host country.

(p) Exercise all the powers and perform such other functions necessary to attain (c) The Country Team Approach. - The country team approach under Executive
the purposes and objectives of this Act. Order No. 74 of 1993, shall be the operational scheme under which Philippine
embassies abroad shall provide protection to trafficked persons insofar as the
Section 22. Secretariat to the Council. - The Department of Justice shall establish the
promotion of their welfare, dignity and fundamental rights are concerned.
necessary Secretariat for the Council.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation
other appropriate agencies, shall have the primary responsibility for the repatriation of
and reintegration into the mainstream of society, concerned government agencies shall
trafficked persons, regardless of whether they are documented or undocumented.
make available the following services to trafficked persons:
If, however, the repatriation of the trafficked persons shall expose the victims to greater
(a) Emergency shelter or appropriate housing;
risks, the DFA shall make representation with the host government for the extension of
(b) Counseling; appropriate residency permits and protection, as may be legally permissible in the host
country.
(c) Free legal services which shall include information about the victims' rights
and the procedure for filing complaints, claiming compensation and such other Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include
legal remedies available to them, in a language understood by the trafficked offenses of trafficking in persons among extraditable offenses.
person;
Section 27. Reporting Requirements. -  The Council shall submit to the President of the
(d) Medical or psychological services; Philippines and to Congress an annual report of the policies, programs and activities
relative to the implementation of this Act.
(e) Livelihood and skills training; and
Section 28. Funding. - The heads of the departments and agencies concerned shall
(f) Educational assistance to a trafficked child. immediately include in their programs and issue such rules and regulations to implement
the provisions of this Act, the funding of which shall be included in the annual General
Appropriations Act.

43
Section 29. Implementing Rules and Regulations. - The Council shall promulgate the pursuit of this policy, the State shall give highest priority to the enactment of
necessary implementing rules and regulations within sixty (60) days from the effectivity of measures and development of programs that will promote human dignity,
this Act. protect the people from any threat of violence and exploitation, eliminate
trafficking in persons, and mitigate pressures for involuntary migration and
Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the
servitude of persons, not only to support trafficked persons but more
Right to Travel. - Nothing in this Act shall be interpreted as a restriction of the freedom of
importantly, to ensure their recovery, rehabilitation and reintegration into the
speech and of association, religion and the right to travel for purposes not contrary to law
mainstream of society.
as guaranteed by the Constitution.
"It shall be a State policy to recognize the equal rights and inherent human
Section 31. Separability Clause. - If, for any reason, any section or provision of this Act is
dignity of women and men as enshrined in the United Nations Universal
held unconstitutional or invalid, the other sections or provisions hereof shall not be
Declaration on Human Rights, United Nations Convention on the Elimination of
affected thereby.
All Forms of Discrimination Against Women, United Nations Convention on the
Section 32. Repealing clause. - All laws, presidential decrees, executive orders and rules Rights of the Child, United Nations Convention on the Protection of Migrant
and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby Workers and their Families, United Nations Convention Against Transnational
repealed or modified accordingly: Provided, That this Act shall not in any way amend or Organized Crime Including its Protocol to Prevent, Suppress and Punish
repeal the provision of Republic Act No. 7610, otherwise known as the "Special Protection Trafficking in Persons, Especially Women and Children and all other relevant and
of Children Against Child Abuse, Exploitation and Discrimination Act". universally accepted human rights instruments and other international
conventions to which the Philippines is a signatory."
Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation. Section 3. Section 3 of Republic Act No. 9208 is hereby amended to read as follows:

REPUBLIC ACT No. 10364 "SEC. 3. Definition of Terms.  – As used in this Act:

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE POLICIES "(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring,
TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, providing, offering, transportation, transfer, maintaining, harboring, or
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION receipt of persons with or without the victim’s consent or knowledge,
AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS within or across national borders by means of threat, or use of force, or
AND FOR OTHER PURPOSES" other forms of coercion, abduction, fraud, deception, abuse of power or
of position, taking advantage of the vulnerability of the person, or, the
Be it enacted by the Senate and House of Representatives of the Philippines in Congress giving or receiving of payments or benefits to achieve the consent of a
assembled: person having control over another person for the purpose of
Section 1. Short Title. – This Act shall be known as the "Expanded Anti-Trafficking in exploitation which includes at a minimum, the exploitation or the
Persons Act of 2012″. prostitution of others or other forms of sexual exploitation, forced labor
or services, slavery, servitude or the removal or sale of organs.
Section 2. Section 2 of Republic Act No. 9208 is hereby amended to read as follows:
"The recruitment, transportation, transfer, harboring, adoption or
"SEC. 2. Declaration of Policy. – It is hereby declared that the State values the receipt of a child for the purpose of exploitation or when the adoption is
dignity of every human person and guarantees the respect of individual rights. In
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induced by any form of consideration for exploitative purposes shall also "(h) Sexual Exploitation – refers to participation by a person in
be considered as ‘trafficking in persons’ even if it does not involve any of prostitution, pornography or the production of pornography, in
the means set forth in the preceding paragraph. exchange for money, profit or any other consideration or where the
participation is caused or facilitated by any means of intimidation or
"(b) Child  – refers to a person below eighteen (18) years of age or one
threat, use of force, or other forms of coercion, abduction, fraud,
who is over eighteen (18) but is unable to fully take care of or protect
deception, debt bondage, abuse of power or of position or of legal
himself/herself from abuse, neglect, cruelty, exploitation, or
process, taking advantage of the vulnerability of the person, or giving or
discrimination because of a physical or mental disability or condition.
receiving of payments or benefits to achieve the consent of a person
"(c) Prostitution  – refers to any act, transaction, scheme or design having control over another person; or in sexual intercourse or
involving the use of a person by another, for sexual intercourse or lascivious conduct caused or facilitated by any means as provided in this
lascivious conduct in exchange for money, profit or any other Act.
consideration.
"(i) Debt Bondage – refers to the pledging by the debtor of his/her
"(d) Forced Labor – refers to the extraction of work or services from any personal services or labor or those of a person under his/her control as
person by means of enticement, violence, intimidation or threat, use of, security or payment for a debt, when the length and nature of services
force or coercion, including deprivation of freedom, abuse of authority is not clearly defined or when the value of the services as reasonably
or moral ascendancy, debt-bondage or deception including any work or assessed is not applied toward the liquidation of the debt.
service extracted from any person under the menace of penalty.
"(j) Pornography  – refers to any representation, through publication,
"(e) Slavery  – refers to the status or condition of a person over whom exhibition, cinematography, indecent shows, information technology, or
any or all of the powers attaching to the right of ownership are by whatever means, of a person engaged in real or simulated explicit
exercised. sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes.
"(f) Involuntary Servitude – refers to a condition of enforced and
compulsory service induced by means of any scheme, plan or pattern, "(k) Council – shall mean the Inter-Agency Council Against Trafficking
intended to cause a person to believe that if he or she did not enter into created under Section 20 of this Act."
or continue in such condition, he or she or another person would suffer
Section 4. Section 4 of Republic Act No. 9208 is hereby amended to read as follows:
serious harm or other forms of abuse or physical restraint, or threat of
abuse or harm, or coercion including depriving access to travel "SEC. 4. Acts of Trafficking in Persons.  – It shall be unlawful for any person,
documents and withholding salaries, or the abuse or threatened abuse natural or juridical, to commit any of the following acts:
of the legal process.
"(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain,
"(g) Sex Tourism  – refers to a program organized by travel and tourism- harbor, or receive a person by any means, including those done under
related establishments and individuals which consists of tourism the pretext of domestic or overseas employment or training or
packages or activities, utilizing and offering escort and sexual services as apprenticeship, for the purpose of prostitution, pornography, or sexual
enticement for tourists. This includes sexual services and practices exploitation;
offered during rest and recreation periods for members of the military.
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"(b) To introduce or match for money, profit, or material, economic or purposes of forced labor, slavery, debt bondage and involuntary
other consideration, any person or, as provided for under Republic Act servitude, including a scheme, plan, or pattern intended to cause the
No. 6955, any Filipino woman to a foreign national, for marriage for the person either:
purpose of acquiring, buying, offering, selling or trading him/her to
"(1) To believe that if the person did not perform such labor or
engage in prostitution, pornography, sexual exploitation, forced labor,
services, he or she or another person would suffer serious
slavery, involuntary servitude or debt bondage;
harm or physical restraint; or
"(c) To offer or contract marriage, real or simulated, for the purpose of
"(2) To abuse or threaten the use of law or the legal processes;
acquiring, buying, offering, selling, or trading them to engage in
and
prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage; "(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,
provide, adopt or receive a child for purposes of exploitation or trading
"(d) To undertake or organize tours and travel plans consisting of
them, including but not limited to, the act of baring and/or selling a
tourism packages or activities for the purpose of utilizing and offering
child for any consideration or for barter for purposes of exploitation.
persons for prostitution, pornography or sexual exploitation;
Trafficking for purposes of exploitation of children shall include:
"(e) To maintain or hire a person to engage in prostitution or
"(1) All forms of slavery or practices similar to slavery,
pornography;
involuntary servitude, debt bondage and forced labor, including
"(f) To adopt persons by any form of consideration for exploitative recruitment of children for use in armed conflict;
purposes or to facilitate the same for purposes of prostitution,
"(2) The use, procuring or offering of a child for prostitution, for
pornography, sexual exploitation, forced labor, slavery, involuntary
the production of pornography, or for pornographic
servitude or debt bondage;
performances;
"(g) To adopt or facilitate the adoption of persons for the purpose of
"(3) The use, procuring or offering of a child for the production
prostitution, pornography, sexual exploitation, forced labor, slavery,
and trafficking of drugs; and
involuntary servitude or debt bondage;
"(4) The use, procuring or offering of a child for illegal activities
"(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,
or work which, by its nature or the circumstances in which it is
provide, offer, receive or abduct a person, by means of threat or use of
carried out, is likely to harm their health, safety or morals; and
force, fraud, deceit, violence, coercion, or intimidation for the purpose
of removal or sale of organs of said person; "(l) To organize or direct other persons to commit the offenses defined as acts of
trafficking under this Act."
"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire,
provide, receive or adopt a child to engage in armed activities in the Section 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as
Philippines or abroad; follows:

"(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, "SEC. 4-A. Attempted Trafficking in Persons. – Where there are acts to initiate the
provide or receive a person by means defined in Section 3 of this Act for commission of a trafficking offense but the offender failed to or did not execute
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 all the elements of the crime, by accident or by reason of some cause other than "SEC. 4-C. Accessories.  – Whoever has the knowledge of the commission of the
voluntary desistance, such overt acts shall be deemed as an attempt to commit crime, and without having participated therein, either as principal or as
an act of trafficking in persons. As such, an attempt to commit any of the accomplices, take part in its commission in any of the following manners:
offenses enumerated in Section 4 of this Act shall constitute attempted
"(a) By profiting themselves or assisting the offender to profit by the
trafficking in persons.
effects of the crime;
"In cases where the victim is a child, any of the following acts shall also be
"(b) By concealing or destroying the body of the crime or effects or
deemed as attempted trafficking in persons:
instruments thereof, in order to prevent its discovery;
"(a) Facilitating the travel of a child who travels alone to a foreign
"(c) By harboring, concealing or assisting in the escape of the principal of
country or territory without valid reason therefor and without the
the crime, provided the accessory acts with abuse of his or her public
required clearance or permit from the Department of Social Welfare
functions or is known to be habitually guilty of some other crime.
and Development, or a written permit or justification from the child’s
parent or legal guardian; "Acts defined in this provision shall be punished in accordance with the provision
of Section 10(d) as stated thereto."
"(b) Executing, for a consideration, an affidavit of consent or a written
consent for adoption; Section 8. Section 5 of Republic Act No. 9208 is hereby amended to read as follows:

"(c) Recruiting a woman to bear a child for the purpose of selling the "SEC. 5. Acts that Promote Trafficking in Persons. – The following acts which
child; promote or facilitate trafficking in persons, shall be unlawful:

"(d) Simulating a birth for the purpose of selling the child; and "(a) xxx

"(e) Soliciting a child and acquiring the custody thereof through any "(b) To produce, print and issue or distribute unissued, tampered or fake
means from among hospitals, clinics, nurseries, daycare centers, refugee counseling certificates, registration stickers, overseas employment
or evacuation centers, and low-income families, for the purpose of certificates or other certificates of any government agency which issues
selling the child." these certificates, decals and such other markers as proof of compliance
with government regulatory and pre-departure requirements for the
Section 6. A new Section 4-B is hereby inserted in Republic Act No. 9208, to read as
purpose of promoting trafficking in persons;
follows:
"(c) xxx
"SEC. 4-B. Accomplice Liability.  – Whoever knowingly aids, abets, cooperates in
the execution of the offense by previous or simultaneous acts defined in this Act "(d) xxx
shall be punished in accordance with the provisions of Section 10(c) of this Act."
"(e) xxx
Section 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as
follows: "(f) xxx

"(g) xxx

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 "(h) To tamper with, destroy, or cause the destruction of evidence, or to Section 10. Section 7 of Republic Act No. 9208 is hereby amended to read as follows:
influence or attempt to influence witnesses, in an investigation or
"SEC. 7. Confidentiality. – At any stage of the investigation, rescue, prosecution
prosecution of a case under this Act;
and trial of an offense under this Act, law enforcement officers, prosecutors,
"(i) To destroy, conceal, remove, confiscate or possess, or attempt to judges, court personnel, social workers and medical practitioners, as well as
destroy, conceal, remove, confiscate or possess, any actual or purported parties to the case, shall protect the right to privacy of the trafficked person.
passport or other travel, immigration or working permit or document, or Towards this end, law enforcement officers, prosecutors and judges to whom the
any other actual or purported government identification, of any person complaint has been referred may, whenever necessary to ensure a fair and
in order to prevent or restrict, or attempt to prevent or restrict, without impartial proceeding, and after considering all circumstances for the best interest
lawful authority, the person’s liberty to move or travel in order to of the parties, order a closed-door investigation, prosecution or trial. The name
maintain the labor or services of that person; or and personal circumstances of the trafficked person or any other information
tending to establish the identity of the trafficked person and his or her family
"(j) To utilize his or her office to impede the investigation, prosecution
shall not be disclosed to the public.
or execution of lawful orders in a case under this Act."
"It shall be unlawful for any editor, publisher, and reporter or columnist in case
Section 9. Section 6 of Republic Act No. 9208 is hereby amended to read as follows:
of printed materials, announcer or producer in case of television and radio,
"SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this Act shall producer and director of a film in case of the movie industry, or any person
be considered as qualified trafficking: utilizing tri-media facilities or electronic information technology to cause
publicity of the name, personal circumstances, or any information tending to
"x x x establish the identity of the trafficked person except when the trafficked person
"(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a in a written statement duly notarized knowingly, voluntarily and willingly waives
person who exercises authority over the trafficked person or when the offense is said confidentiality.
committed by a public officer or employee; "Law enforcement officers, prosecutors, judges, court personnel, social workers
"x x x and medical practitioners shall be trained on the importance of maintaining
confidentiality as a means to protect the right to privacy of victims and to
"(f) When the offender is a member of the military or law enforcement agencies; encourage victims to file complaints."

"(g) When by reason or on occasion of the act of trafficking in persons, the Section 11. Section 8 of Republic Act No. 9208 is hereby amended to read as follows:
offended party dies, becomes insane, suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency "SEC. 8. Initiation and Prosecution of Cases. –
Syndrome (AIDS); "(a) Initiation of Investigation.  – Law enforcement agencies are mandated to
"(h) When the offender commits one or more violations of Section 4 over a immediately initiate investigation and counter-trafficking-intelligence gathering
period of sixty (60) or more days, whether those days are continuous or not; and upon receipt of statements or affidavit from victims of trafficking, migrant
workers, or their families who are in possession of knowledge or information
"(i) When the offender directs or through another manages the trafficking victim about trafficking in persons cases.
in carrying out the exploitative purpose of trafficking."
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 "(b) Prosecution of Cases. – Any person who has personal knowledge of the "(d) Any person found, guilty of committing any of the acts enumerated in
commission of any offense under this Act, such as the trafficked person, the Section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine
parents, spouse, siblings, children or legal guardian may file a complaint for of not less than Five hundred thousand pesos (P500,000.00) but not more than
trafficking. One million pesos (P1,000,000.00);

"(c) Affidavit of Desistance. – Cases involving trafficking in persons should not be "(e) Any person found guilty of qualified trafficking under Section 6 shall suffer
dismissed based on the affidavit of desistance executed by the victims or their the penalty of life imprisonment and a fine of not less than Two million pesos
parents or legal guardians. Public and private prosecutors are directed to oppose (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
and manifest objections to motions for dismissal.
"(f) Any person who violates Section 7 hereof shall suffer the penalty of
"Any act involving the means provided in this Act or any attempt thereof for the imprisonment of six (6) years and a fine of not less than Five hundred thousand
purpose of securing an Affidavit of Desistance from the complainant shall be pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
punishable under this Act."
"(g) If the offender is a corporation, partnership, association, club, establishment
Section 12. Section 10 of Republic Act No. 9208 is hereby amended to read as follows: or any juridical person, the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who participated in the
"SEC. 10. Penalties and Sanctions. – The following penalties and sanctions are
commission of the crime or who shall have knowingly permitted or failed to
hereby established for the offenses enumerated in this Act:
prevent its commission;
"(a) Any person found guilty of committing any of the acts enumerated in Section
"(h) The registration with the Securities and Exchange Commission (SEC) and
4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not
license to operate of the erring agency, corporation, association, religious group,
less than One million pesos (P1,000,000.00) but not more than Two million pesos
tour or travel agent, club or establishment, or any place of entertainment shall
(P2,000,000.00);
be cancelled and revoked permanently. The owner, president, partner or
"(b) Any person found guilty of committing any of the acts enumerated in Section manager thereof shall not be allowed to operate similar establishments in a
4-A of this Act shall suffer the penalty of imprisonment of fifteen (15) years and a different name;
fine of not less than Five hundred thousand pesos (P500,000.00) but not more
"(i) If the offender is a foreigner, he or she shall be immediately deported after
than One million pesos (P1,000,000.00);
serving his or her sentence and be barred permanently from entering the
"(c) Any person found guilty of Section 4-B of this Act shall suffer the penalty of country;
imprisonment of fifteen (15) years and a fine of not less than Five hundred
"(j) Any employee or official of government agencies who shall issue or approve
thousand pesos (P500,000.00) but not more than One million pesos
the issuance of travel exit clearances, passports, registration certificates,
(P1,000,000.00);
counseling certificates, marriage license, and other similar documents to
"In every case, conviction shall cause and carry the automatic revocation of the persons, whether juridical or natural, recruitment agencies, establishments or
license or registration of the recruitment agency involved in trafficking. The other individuals or groups, who fail to observe the prescribed procedures and
license of a recruitment agency which trafficked a child shall be automatically the requirement as provided for by laws, rules and regulations, shall be held
revoked. administratively liable, without prejudice to criminal liability under this Act. The
concerned government official or employee shall, upon conviction, be dismissed
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 from the service and be barred permanently to hold public office. His or her and if in committing such an offense, the offender also knows a
retirement and other benefits shall likewise be forfeited; and qualifying circumstance for trafficking, the offender shall be penalized
under Section 10 for qualified trafficking. If in violating this section the
"(k) Conviction, by final judgment of the adopter for any offense under this Act
offender also violates Section 4, the offender shall be penalized under
shall result in the immediate rescission of the decree of adoption."
Section 10 and, if applicable, for qualified trafficking instead of under
Section 13. Section 11 of Republic Act No. 9208 is hereby amended to read as follows: this section;

"SEC. 11. Use of Trafficked Persons. –  Any person who buys or engages the "(b) Deportation. – If a foreigner commits any offense described by
services of a trafficked person for prostitution shall be penalized with the paragraph (1) or (2) of this section or violates any pertinent provision of
following: Provided, That the Probation Law (Presidential Decree No. 968) shall this Act as an accomplice or accessory to, or by attempting any such
not apply: offense, he or she shall be immediately deported after serving his or her
sentence and be barred permanently from entering the country; and
"(a) Prision Correccional  in its maximum period to prision mayor or six
(6) years to twelve (12) years imprisonment and a fine of not less than "(c) Public Official. –  If the offender is a public official, he or she shall be
Fifty thousand pesos (P50,000.00) but not more than One hundred dismissed from service and shall suffer perpetual absolute
thousand pesos (P100,000.00): Provided, however,  That the following disqualification to hold public, office, in addition to any imprisonment or
acts shall be exempted thereto: fine received pursuant to any other provision of this Act."

"(1) If an offense under paragraph (a) involves sexual intercourse or Section 14. Section 12 of Republic Act No. 9208 is hereby amended to read as follows:
lascivious conduct with a child, the penalty shall be reclusion
"SEC. 12. Prescriptive Period. – Trafficking cases under this Act shall prescribe in
temporal in its medium period to reclusion perpetua  or seventeen (17)
ten (10) years: Provided, however,  That trafficking cases committed by a
years to forty (40) years imprisonment and a fine of not less than Five
syndicate or in a large scale as defined under Section 6, or against a child, shall
hundred thousand pesos (P500,000.00) but not more than One million
prescribe in twenty (20) years.
pesos (P1,000,000.00);
"The prescriptive period shall commence to run from the day on which the
"(2) If an offense under paragraph (a) involves carnal knowledge of, or
trafficked person is delivered or released from the conditions of bondage, or in
sexual intercourse with, a male or female trafficking victim and also
the case of a child victim, from the day the child reaches the age of majority, and
involves the use of force or intimidation, to a victim deprived of reason
shall be interrupted by the filing of the complaint or information and shall
or to an unconscious victim, or a victim under twelve (12) years of age,
commence to run again when the proceedings terminate without the accused
instead of the penalty prescribed in the subparagraph above the penalty
being convicted or acquitted or are unjustifiably stopped for any reason not
shall be a fine of not less than One million pesos (P1,000,000.00) but not
imputable to the accused."
more than Five million pesos (P5,000,000.00) and imprisonment
of reclusion perpetua  or forty (40) years imprisonment with no Section 15. Section 16 of Republic Act No. 9208 is hereby amended to read as follows:
possibility of parole; except that if a person violating paragraph (a) of
"SEC. 16. Programs that Address Trafficking in Persons.  – The government shall
this section knows the person that provided prostitution services is in
establish and implement preventive, protective and rehabilitative programs for
fact a victim of trafficking, the offender shall not be likewise penalized
under this section but under Section 10 as a person violating Section 4;
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trafficked persons. For this purpose, the following agencies are hereby mandated "(1) Temporary housing and food facilities;
to implement the following programs:
"(2) Psychological support and counseling;
"(a) Department of Foreign Affairs (DFA) – shall make available its
"(3) 24-hour call center for crisis calls and technology-based
resources and facilities overseas for trafficked persons regardless of
counseling and referral system;
their manner of entry to the receiving country, and explore means to
further enhance its assistance in eliminating trafficking activities through "(4) Coordination with local law enforcement entities; and
closer networking with government agencies in the country and
overseas, particularly in the formulation of policies and implementation "(5) Coordination with the Department of Justice, among
of relevant programs. It shall provide Filipino victims of trafficking others.
overseas with free legal assistance and counsel to pursue legal action "The DSWD must conduct information campaigns in communities and
against his or her traffickers, represent his or her interests in any schools teaching parents and families that receiving consideration in
criminal investigation or prosecution, and assist in the application for exchange for adoption is punishable under the law. Furthermore,
social benefits and/or regular immigration status as may be allowed or information campaigns must be conducted with the police that they
provided for by the host country. The DFA shall repatriate trafficked must not induce poor women to give their children up for adoption in
Filipinos with the consent of the victims. exchange for consideration.
"The DFA shall take necessary measures for the efficient "(c) Department of Labor and Employment (DOLE) – shall ensure the
implementation of the Electronic Passporting System to protect the strict implementation and compliance with the rules and guidelines
integrity of Philippine passports, visas and other travel documents to relative to the employment of persons locally and overseas. It shall
reduce the incidence of trafficking through the use of fraudulent likewise monitor, document and report cases of trafficking in persons
identification documents. involving employers and labor recruiters.
"In coordination with the Department of Labor and Employment, it shall "(d) Department of Justice (DOJ) – shall ensure the prosecution of
provide free temporary shelters and other services to Filipino victims of persons accused of trafficking and designate and train special
trafficking overseas through the migrant workers and other overseas prosecutors who shall handle and prosecute cases of trafficking. It shall
Filipinos resource centers established overseas under Republic Act No. also establish a mechanism for free legal assistance for trafficked
8042, as amended. persons, in coordination with the DSWD, Integrated Bar of the
"(b) Department of Social Welfare and Development (DSWD) – shall Philippines (IBP) and other NGOs and volunteer groups.
implement rehabilitative and protective programs for trafficked persons. "(e) Philippine Commission on Women (PCW) – shall actively participate
It shall provide counseling and temporary shelter to trafficked persons and coordinate in the formulation and monitoring of policies addressing
and develop a system for accreditation among NGOs for purposes of the issue of trafficking in persons in coordination with relevant
establishing centers and programs for intervention in various levels of government agencies. It shall likewise advocate for the inclusion of the
the community. It shall establish free temporary shelters, for the issue of trafficking in persons in both its local and international advocacy
protection and housing of trafficked persons to provide the following for women’s issues.
basic services to trafficked persons:
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"(f) Bureau of Immigration (BI) – shall strictly administer and enforce "The blacklist shall likewise be posted by the POEA in the shared
immigration and alien administration laws. It shall adopt measures for government information system, which is mandated to be established
the apprehension of suspected traffickers both at the place of arrival under Republic Act No. 8042, as amended.
and departure and shall ensure compliance by the Filipino
"The POEA and OWWA shall accredit NGOs and other service providers
fiancés/fiancées and spouses of foreign nationals with the guidance and
to conduct PEOS and PDOS, respectively. The PEOS and PDOS should
counseling requirement as provided for in this Act.
include the discussion and distribution of the blacklist.
"(g) Philippine National Police (PNP) and National Bureau of
"The license or registration of a recruitment agency that has been
Investigation (NBI) – shall be the primary law enforcement agencies to
blacklisted may be suspended by the POEA upon a review of the
undertake surveillance, investigation and arrest of individuals or persons
complaints filed against said agency.
suspected to be engaged in trafficking. They shall closely coordinate
with each other and with other law enforcement agencies to secure "(i) Department of the Interior and Local Government (DILG) – shall
concerted efforts for effective investigation and apprehension of institute a systematic information and prevention campaign in
suspected traffickers. They shall also establish a system to receive coordination with pertinent agencies of government as provided for in
complaints and calls to assist trafficked persons and conduct rescue this Act. It shall provide training programs to local government units, in
operations. coordination with the Council, in ensuring wide understanding and
application of this Act at the local level.
"(h) Philippine Overseas Employment Administration (POEA) and
Overseas Workers and Welfare Administration (OWWA) – POEA shall "(j) Commission on Filipinos Overseas – shall conduct pre-departure
implement Pre-Employment Orientation Seminars (PEOS) while Pre- counseling services for Filipinos in intermarriages. It shall develop a
Departure Orientation Seminars (PDOS) shall be conducted by the system for accreditation of NGOs that may be mobilized for purposes of
OWWA. It shall likewise formulate a system of providing free legal conducting pre-departure counseling services for Filipinos in
assistance to trafficked persons, in coordination with the DFA. intermarriages. As such, it shall ensure that the counselors
contemplated under this Act shall have the minimum qualifications and
"The POEA shall create a blacklist of recruitment agencies, illegal
training of guidance counselors as provided for by law.
recruiters and persons facing administrative, civil and criminal
complaints for trafficking filed in the receiving country and/or in the "It shall likewise assist in the conduct of information campaigns against
Philippines and those agencies, illegal recruiters and persons involved in trafficking in coordination with local government units, the Philippine
cases of trafficking who have been rescued by the DFA and DOLE in the Information Agency, and NGOs.
receiving country or in the Philippines even if no formal administrative,
civil or criminal complaints have been filed: Provided, That the rescued "(k) Local government units (LGUs) – shall monitor and document cases
victims shall execute an affidavit attesting to the acts violative of the of trafficking in persons in their areas of jurisdiction, effect the
anti-trafficking law. This blacklist shall be posted in conspicuous places cancellation of licenses of establishments which violate the provisions of
in concerned government agencies and shall be updated bi-monthly. this Act and ensure effective prosecution of such cases. They shall also
undertake an information campaign against trafficking in persons
through the establishment of the Migrants Advisory and Information
Network (MAIN) desks in municipalities or provinces in coordination
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 with the DILG, Philippine Information Agency (PIA), Commission on "(c) The number of victims of trafficking in persons referred to the
Filipinos Overseas (CFO), NGOs and other concerned agencies. They agency by destination countries/areas and by area of origin; and
shall encourage and support community-based initiatives which address
"(d) Disaggregated data on trafficking victims and the
the trafficking in persons.
accused/defendants."
"In implementing this Act, the agencies concerned may seek and enlist
Section 17. Section 17 of Republic Act No. 9208 is hereby amended to read as follows:
the assistance of NGOs, people’s organizations (POs), civic organizations
and other volunteer groups." "SEC. 17. Legal Protection to Trafficked Persons. –  Trafficked persons shall be
recognized as victims of the act or acts of trafficking and as such, shall not be
Section 16. A new Section 16-A is hereby inserted into Republic Act No. 9208, to read as
penalized for unlawful acts committed as a direct result of, or as an incident or in
follows:
relation to, being trafficked based on the acts of trafficking enumerated in this
"SEC. 16-A. Anti-Trafficking in Persons Database.  – An anti-trafficking in persons Act or in obedience to the order made by the trafficker in relation thereto. In this
central database shall be established by the Inter-Agency Council Against regard, the consent of a trafficked person to the intended exploitation set forth
Trafficking created under Section 20 of this Act. The Council shall submit a report in this Act shall be irrelevant.
to the President of the Philippines and to Congress, on or before January 15 of
"Victims of trafficking for purposes of prostitution as defined under Section 4 of
every year, with respect to the preceding year’s programs and data on
this Act are not covered by Article 202 of the Revised Penal Code and as such,
trafficking-related cases.
shall not be prosecuted, fined, or otherwise penalized under the said law."
"All government agencies tasked under the law to undertake programs and
Section 18. A new Section 17-A is hereby inserted into Republic Act No. 9208, to read as
render assistance to address trafficking in persons shall develop their respective
follows:
monitoring and data collection systems, and databases, for purposes of ensuring
efficient collection and storage of data on cases of trafficking in persons handled "SEC. 17-A. Temporary Custody of Trafficked Victims. – The rescue of victims
by their respective offices. Such data shall be submitted to the Council for should be done as much as possible with the assistance of the DSWD or an
integration in a central database system. accredited NGO that services trafficked victims. A law enforcement officer, on a
reasonable suspicion that a person is a victim of any offense defined under this
"For this purpose, the Council is hereby tasked to ensure the harmonization and
Act including attempted trafficking, shall immediately place that person in the
standardization of databases, including minimum data requirements, definitions,
temporary custody of the local social welfare and development office, or any
reporting formats, data collection systems, and data verification systems. Such
accredited or licensed shelter institution devoted to protecting trafficked persons
databases shall have, at the minimum, the following information:
after the rescue."
"(a) The number of cases of trafficking in persons, sorted according to
Section 19. A new Section 17-B is hereby inserted into Republic Act No. 9208, to read as
status of cases, including the number of cases being investigated,
follows:
submitted for prosecution, dropped, and filed and/or pending before
the courts and the number of convictions and acquittals; "SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion Thereof or Reputation of
Victims and of Consent of Victims in Cases of Deception, Coercion and Other
"(b) The profile/information on each case;
Prohibited Means. – The past sexual behavior or the sexual predisposition of a
trafficked person shall be considered inadmissible in evidence for the purpose of
53
 proving consent of the victim to engage in sexual behavior, or to prove the "(b) Secretary, Department of Labor and Employment;
predisposition, sexual or otherwise, of a trafficked person. Furthermore, the
"(c) Secretary, Department of the Interior and Local Government;
consent of a victim of trafficking to the intended exploitation shall be irrelevant
where any of the means set forth in Section 3(a) of this Act has been used." "(d) Administrator, Philippine Overseas Employment Administration;

Section 20. A new Section 17-C is hereby inserted into Republic Act No. 9208, to read as "(e) Commissioner, Bureau of Immigration;
follows:
"(f) Chief, Philippine National Police;
"SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. – No
action or suit shall be brought, instituted or maintained in any court or tribunal "(g) Chairperson, Philippine Commission on Women;
or before any other authority against any: (a) law enforcement officer; (b) social "(h) Chairperson, Commission on Filipinos Overseas;
worker; or (c) person acting in compliance with a lawful order from any of the
above, for lawful acts done or statements made during an authorized rescue "(i) Executive Director, Philippine Center for Transnational Crimes; and
operation, recovery or rehabilitation/intervention, or an investigation or
"(j) Three (3) representatives from NGOs, who shall include one (1)
prosecution of an anti-trafficking case: Provided, That such acts shall have been
representative each from among the sectors representing women,
made in good faith.
overseas Filipinos, and children, with a proven record of involvement in
"The prosecution of retaliatory suits against victims of trafficking shall be held in the prevention and suppression of trafficking in persons. These
abeyance pending final resolution and decision of criminal complaint for representatives shall be nominated by the government agency
trafficking. representatives of the Council, for appointment by the President for a
term of three (3) years.
"It shall be prohibited for the DFA, the DOLE, and the POEA officials, law
enforcement officers, prosecutors and judges to urge complainants to abandon "The members of the Council may designate their permanent representatives
their criminal, civil and administrative complaints for trafficking. who shall have a rank not lower than an assistant secretary or its equivalent to
meetings, and shall receive emoluments as may be determined by the Council in
"The remedies of injunction and attachment of properties of the traffickers, accordance with existing budget and accounting rules and regulations."
illegal recruiters and persons involved in trafficking may be issued motu
proprio  by judges." Section 22. Section 22 of Republic Act No. 9208 is hereby amended to read as follows:

Section 21. Section 20 of Republic Act No. 9208 is hereby amended to read as follows: "SEC. 22. Secretariat to the Council. – The Department of Justice shall establish
the necessary Secretariat for the Council.
"SEC. 20. Inter-Agency Council Against Trafficking. –  There is hereby established
an Inter-Agency Council Against Trafficking, to be composed of the Secretary of "The secretariat shall provide support for the functions and projects of the
the Department of Justice as Chairperson and the Secretary of the Department of Council. The secretariat shall be headed by an executive director, who shall be
Social Welfare and Development as Co-Chairperson and shall have the following appointed by the Secretary of the DOJ upon the recommendation of the Council.
as members: The executive director must have adequate knowledge on, training and
experience in the phenomenon of and issues involved in trafficking in persons
"(a) Secretary, Department of Foreign Affairs; and in the field of law, law enforcement, social work, criminology, or psychology.

54
 "The executive director shall be under the supervision of the Inter-Agency the Philippines and other elements having been committed in another country, if
Council Against Trafficking through its Chairperson and Co-Chairperson, and shall the suspect or accused:
perform the following functions:
"(a) Is a Filipino citizen; or
"(a) Act as secretary of the Council and administrative officer of its
"(b) Is a permanent resident of the Philippines; or
secretariat;
"(c) Has committed the act against a citizen of the Philippines.
"(b) Advise and assist the Chairperson in formulating and implementing
the objectives, policies, plans and programs of the Council, including "No prosecution may be commenced against a person under this section if a
those involving mobilization of government offices represented in the foreign government, in accordance with jurisdiction recognized by the
Council as well as other relevant government offices, task forces, and Philippines, has prosecuted or is prosecuting such person for the conduct
mechanisms; constituting such offense, except upon the approval of the Secretary of Justice.

"(c) Serve as principal assistant to the Chairperson in the overall "The government may surrender or extradite persons accused of trafficking in
supervision of council administrative business; the Philippines to the appropriate international court if any, or to another State
pursuant to the applicable extradition laws and treaties."
"(d) Oversee all council operational activities;
Section 24. Section 28 of Republic Act No. 9208 is hereby amended, to read as follows:
"(e) Ensure an effective and efficient performance of council functions
and prompt implementation of council objectives, policies, plans and "SEC. 28. Funding. –  The amount necessary to implement the provisions of this
programs; Act shall be charged against the current year’s appropriations of the Inter-Agency
Council Against Trafficking under the budget of the DOJ and the appropriations of
"(f) Propose effective allocations of resources for implementing council
the other concerned departments. Thereafter, such sums as may be necessary
objectives, policies, plans and programs;
for the continued implementation of this Act shall be included in the annual
"(g) Submit periodic reports to the Council on the progress of council General Appropriations Act."1âwphi1
objectives, policies, plans and programs;
Section 25. A new Section 28-A is hereby inserted into Republic Act No. 9208, to read as
"(h) Prepare annual reports of all council activities; and follows:

"(i) Perform other duties as the Council may assign." "SEC. 28-A. Additional Funds for the Council. – The amount collected from every
penalty, fine or asset derived from any violation of this Act shall be earmarked as
Section 23. A new Section 26-A is hereby inserted into Republic Act No. 9208, to read as
additional funds for the use of the Council. The fund may be augmented by
follows:
grants, donations and endowment from various sources, domestic or foreign, for
"SEC. 26-A. Extra-Territorial Jurisdiction. –  The State shall exercise jurisdiction purposes related to their functions, subject to the existing accepted rules and
over any act defined and penalized under this Act, even if committed outside the regulations of the Commission on Audit."
Philippines and whether or not such act or acts constitute an offense at the place
Section 26. Section 32 of Republic Act No. 9208 of the Repealing Clause is hereby
of commission, the crime being a continuing offense, having been commenced in
amended to read as follows:

55
 "SEC. 32. Repealing Clause.  – Article 202 of the Revised Penal Code, as amended, likely to result in physical, sexual, psychological harm or suffering, or economic
and all laws, acts, presidential decrees, executive orders, administrative orders, abuse including threats of such acts, battery, assault, coercion, harassment or
rules and regulations inconsistent with or contrary to the provisions of this Act arbitrary deprivation of liberty. It includes, but is not limited to, the following
are deemed amended, modified or repealed accordingly: Provided, That this Act acts:
shall not in any way amend or repeal the provisions of Republic Act No. 7610,
A. "Physical Violence" refers to acts that include bodily or physical harm;
otherwise known as the ‘Special Protection of Child Against Child Abuse,
Exploitation and Discrimination Act.’" B. "Sexual violence" refers to an act which is sexual in nature, committed
against a woman or her child. It includes, but is not limited to:
Republic Act No. 9262             March 08, 2004
a) rape, sexual harassment, acts of lasciviousness, treating a
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
woman or her child as a sex object, making demeaning and
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
sexually suggestive remarks, physically attacking the sexual
OTHER PURPOSES
parts of the victim's body, forcing her/him to watch obscene
Be it enacted by the Senate and House of Representatives of the Philippine Congress publications and indecent shows or forcing the woman or her
Assembled: child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and
together in the same room with the abuser;
Their Children Act of 2004".
b) acts causing or attempting to cause the victim to engage in
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of
any sexual activity by force, threat of force, physical or other
women and children and guarantees full respect for human rights. The State also
harm or threat of physical or other harm or coercion;
recognizes the need to protect the family and its members particularly women and
children, from violence and threats to their personal safety and security. c) Prostituting the woman or child.

Towards this end, the State shall exert efforts to address violence committed against C. "Psychological violence" refers to acts or omissions causing or likely to
women and children in keeping with the fundamental freedoms guaranteed under the cause mental or emotional suffering of the victim such as but not limited
Constitution and the Provisions of the Universal Declaration of Human Rights, the to intimidation, harassment, stalking, damage to property, public
convention on the Elimination of all forms of discrimination Against Women, Convention ridicule or humiliation, repeated verbal abuse and mental infidelity. It
on the Rights of the Child and other international human rights instruments of which the includes causing or allowing the victim to witness the physical, sexual or
Philippines is a party. psychological abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to witness abusive
SECTION 3. Definition of Terms.- As used in this Act,
injury to pets or to unlawful or unwanted deprivation of the right to
(a) "Violence against women and their children" refers to any act or a series of custody and/or visitation of common children.
acts committed by any person against a woman who is his wife, former wife, or
D. "Economic abuse" refers to acts that make or attempt to make a
against a woman with whom the person has or had a sexual or dating
woman financially dependent which includes, but is not limited to the
relationship, or with whom he has a common child, or against her child whether
following:
legitimate or illegitimate, within or without the family abode, which result in or is
56
 1. withdrawal of financial support or preventing the victim from purposes of this Act or any other suitable place the resident of which is willing
engaging in any legitimate profession, occupation, business or temporarily to receive the victim.
activity, except in cases wherein the other spouse/partner
(h) "Children" refers to those below eighteen (18) years of age or older but are
objects on valid, serious and moral grounds as defined in
incapable of taking care of themselves as defined under Republic Act No. 7610.
Article 73 of the Family Code;
As used in this Act, it includes the biological children of the victim and other
2. deprivation or threat of deprivation of financial resources children under her care.
and the right to the use and enjoyment of the conjugal,
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection
community or property owned in common;
and safety of victims of violence against women and their children.
3. destroying household property;
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence
4. controlling the victims' own money or properties or solely against women and their children is committed through any of the following acts:
controlling the conjugal money or properties.
(a) Causing physical harm to the woman or her child;
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her
(b) Threatening to cause the woman or her child physical harm;
child resulting to the physical and psychological or emotional distress.
(c) Attempting to cause the woman or her child physical harm;
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of
psychological and behavioral symptoms found in women living in battering (d) Placing the woman or her child in fear of imminent physical harm;
relationships as a result of cumulative abuse.
(e) Attempting to compel or compelling the woman or her child to engage in
(d) "Stalking" refers to an intentional act committed by a person who, knowingly conduct which the woman or her child has the right to desist from or desist from
and without lawful justification follows the woman or her child or places the conduct which the woman or her child has the right to engage in, or attempting
woman or her child under surveillance directly or indirectly or a combination to restrict or restricting the woman's or her child's freedom of movement or
thereof. conduct by force or threat of force, physical or other harm or threat of physical
or other harm, or intimidation directed against the woman or child. This shall
(e) "Dating relationship" refers to a situation wherein the parties live as husband
include, but not limited to, the following acts committed with the purpose or
and wife without the benefit of marriage or are romantically involved over time
effect of controlling or restricting the woman's or her child's movement or
and on a continuing basis during the course of the relationship. A casual
conduct:
acquaintance or ordinary socialization between two individuals in a business or
social context is not a dating relationship. (1) Threatening to deprive or actually depriving the woman or her child
of custody to her/his family;
(f) "Sexual relations" refers to a single sexual act which may or may not result in
the bearing of a common child. (2) Depriving or threatening to deprive the woman or her children of
financial support legally due her or her family, or deliberately providing
(g) "Safe place or shelter" refers to any home or institution maintained or
the woman's children insufficient financial support;
managed by the Department of Social Welfare and Development (DSWD) or by
any other agency or voluntary organization accredited by the DSWD for the

57
 (3) Depriving or threatening to deprive the woman or her child of a legal SECTION 6. Penalties.- The crime of violence against women and their children, under
right; Section 5 hereof shall be punished according to the following rules:

(4) Preventing the woman in engaging in any legitimate profession, (a) Acts falling under Section 5(a) constituting attempted, frustrated or
occupation, business or activity or controlling the victim's own mon4ey consummated parricide or murder or homicide shall be punished in accordance
or properties, or solely controlling the conjugal or common money, or with the provisions of the Revised Penal Code.
properties;
If these acts resulted in mutilation, it shall be punishable in accordance with the
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of Revised Penal Code; those constituting serious physical injuries shall have the
controlling her actions or decisions; penalty of prison mayor; those constituting less serious physical injuries shall be
punished by prision correccional; and those constituting slight physical injuries
(g) Causing or attempting to cause the woman or her child to engage in any
shall be punished by arresto mayor.
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman or her child Acts falling under Section 5(b) shall be punished by imprisonment of two degrees
or her/his immediate family; lower than the prescribed penalty for the consummated crime as specified in the
preceding paragraph but shall in no case be lower than arresto mayor.
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through
another, that alarms or causes substantial emotional or psychological distress to (b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
the woman or her child. This shall include, but not be limited to, the following
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
acts:
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(1) Stalking or following the woman or her child in public or private
places; (e) Acts falling under Section 5(g) shall be punished by prision mayor;

(2) Peering in the window or lingering outside the residence of the (f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision
woman or her child; mayor.

(3) Entering or remaining in the dwelling or on the property of the If the acts are committed while the woman or child is pregnant or committed in
woman or her child against her/his will; the presence of her child, the penalty to be applied shall be the maximum period
of penalty prescribed in the section.
(4) Destroying the property and personal belongings or inflicting harm
to animals or pets of the woman or her child; and In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of
not less than One hundred thousand pesos (P100,000.00) but not more than
(5) Engaging in any form of harassment or violence;
three hundred thousand pesos (300,000.00); (b) undergo mandatory
(i) Causing mental or emotional anguish, public ridicule or humiliation to the psychological counseling or psychiatric treatment and shall report compliance to
woman or her child, including, but not limited to, repeated verbal and emotional the court.
abuse, and denial of financial support or custody of minor children of access to
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have
the woman's child/children.
original and exclusive jurisdiction over cases of violence against women and their children
58
under this law. In the absence of such court in the place where the offense was automobile and other essential personal effects, or to supervise the petitioner's
committed, the case shall be filed in the Regional Trial Court where the crime or any of its or respondent's removal of personal belongings;
elements was committed at the option of the compliant.
(f) Granting a temporary or permanent custody of a child/children to the
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the petitioner;
purpose of preventing further acts of violence against a woman or her child specified in
(g) Directing the respondent to provide support to the woman and/or her child if
Section 5 of this Act and granting other necessary relief. The relief granted under a
entitled to legal support. Notwithstanding other laws to the contrary, the court
protection order serve the purpose of safeguarding the victim from further harm,
shall order an appropriate percentage of the income or salary of the respondent
minimizing any disruption in the victim's daily life, and facilitating the opportunity and
to be withheld regularly by the respondent's employer for the same to be
ability of the victim to independently regain control over her life. The provisions of the
automatically remitted directly to the woman. Failure to remit and/or withhold
protection order shall be enforced by law enforcement agencies. The protection orders
or any delay in the remittance of support to the woman and/or her child without
that may be issued under this Act are the barangay protection order (BPO), temporary
justifiable cause shall render the respondent or his employer liable for indirect
protection order (TPO) and permanent protection order (PPO). The protection orders that
contempt of court;
may be issued under this Act shall include any, some or all of the following reliefs:
(h) Prohibition of the respondent from any use or possession of any firearm or
(a) Prohibition of the respondent from threatening to commit or committing,
deadly weapon and order him to surrender the same to the court for appropriate
personally or through another, any of the acts mentioned in Section 5 of this Act;
disposition by the court, including revocation of license and disqualification to
(b) Prohibition of the respondent from harassing, annoying, telephoning, apply for any license to use or possess a firearm. If the offender is a law
contacting or otherwise communicating with the petitioner, directly or indirectly; enforcement agent, the court shall order the offender to surrender his firearm
and shall direct the appropriate authority to investigate on the offender and take
(c) Removal and exclusion of the respondent from the residence of the
appropriate action on matter;
petitioner, regardless of ownership of the residence, either temporarily for the
purpose of protecting the petitioner, or permanently where no property rights (i) Restitution for actual damages caused by the violence inflicted, including, but
are violated, and if respondent must remove personal effects from the residence, not limited to, property damage, medical expenses, childcare expenses and loss
the court shall direct a law enforcement agent to accompany the respondent has of income;
gathered his things and escort respondent from the residence;
(j) Directing the DSWD or any appropriate agency to provide petitioner may
(d) Directing the respondent to stay away from petitioner and designated family need; and
or household member at a distance specified by the court, and to stay away from
(k) Provision of such other forms of relief as the court deems necessary to
the residence, school, place of employment, or any specified place frequented by
protect and provide for the safety of the petitioner and any designated family or
the petitioner and any designated family or household member;
household member, provided petitioner and any designated family or household
(e) Directing lawful possession and use by petitioner of an automobile and other member consents to such relief.
essential personal effects, regardless of ownership, and directing the appropriate
Any of the reliefs provided under this section shall be granted even in the
law enforcement officer to accompany the petitioner to the residence of the
absence of a decree of legal separation or annulment or declaration of absolute
parties to ensure that the petitioner is safely restored to the possession of the
nullity of marriage.

59
 The issuance of a BPO or the pendency of an application for BPO shall not made available to facilitate applications for protections order, and shall contain, among
preclude a petitioner from applying for, or the court from granting a TPO or PPO. other, the following information:

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order (a) names and addresses of petitioner and respondent;
may be filed by any of the following:
(b) description of relationships between petitioner and respondent;
(a) the offended party;
(c) a statement of the circumstances of the abuse;
(b) parents or guardians of the offended party;
(d) description of the reliefs requested by petitioner as specified in Section 8
(c) ascendants, descendants or collateral relatives within the fourth civil degree herein;
of consanguinity or affinity;
(e) request for counsel and reasons for such;
(d) officers or social workers of the DSWD or social workers of local government
(f) request for waiver of application fees until hearing; and
units (LGUs);
(g) an attestation that there is no pending application for a protection order in
(e) police officers, preferably those in charge of women and children's desks;
another court.
(f) Punong Barangay or Barangay Kagawad;
If the applicants is not the victim, the application must be accompanied by an affidavit of
(g) lawyer, counselor, therapist or healthcare provider of the petitioner; the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b)
the circumstances of consent given by the victim for the filling of the application. When
(h) At least two (2) concerned responsible citizens of the city or municipality
disclosure of the address of the victim will pose danger to her life, it shall be so stated in
where the violence against women and their children occurred and who has
the application. In such a case, the applicant shall attest that the victim is residing in the
personal knowledge of the offense committed.
municipality or city over which court has territorial jurisdiction, and shall provide a mailing
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow address for purpose of service processing.
the rules on venue under Section 409 of the Local Government Code of 1991 and its
An application for protection order filed with a court shall be considered an application
implementing rules and regulations. An application for a TPO or PPO may be filed in the
for both a TPO and PPO.
regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial
court with territorial jurisdiction over the place of residence of the petitioner: Provided, Barangay officials and court personnel shall assist applicants in the preparation of the
however, That if a family court exists in the place of residence of the petitioner, the application. Law enforcement agents shall also extend assistance in the application for
application shall be filed with that court. protection orders in cases brought to their attention.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act
must be in writing, signed and verified under oath by the applicant. It may be filed as an shall be enforceable anywhere in the Philippines and a violation thereof shall be
independent action or as incidental relief in any civil or criminal case the subject matter or punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand
issues thereof partakes of a violence as described in this Act. A standard protection order Pesos (P50,000.00) and/or imprisonment of six (6) months.
application form, written in English with translation to the major local languages, shall be

60
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or agents for the service. The TPO shall include notice of the date of the hearing on the
her child requests in the applications for a protection order for the appointment of merits of the issuance of a PPO.
counsel because of lack of economic means to hire a counsel de parte, the court shall
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to
immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the
protection order issued by the court after notice and hearing.
hearing on the application. If the PAO determines that the applicant can afford to hire the
services of a counsel de parte, it shall facilitate the legal representation of the petitioner Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-
by a counsel de parte. The lack of access to family or conjugal resources by the applicant, availability of his lawyer shall not be a ground for rescheduling or postponing the hearing
such as when the same are controlled by the perpetrator, shall qualify the petitioner to on the merits of the issuance of a PPO. If the respondents appears without counsel on the
legal representation by the PAO. date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and
immediately proceed with the hearing. In case the respondent fails to appear despite
However, a private counsel offering free legal service is not barred from representing the
proper notice, the court shall allow ex parte presentation of the evidence by the applicant
petitioner.
and render judgment on the basis of the evidence presented. The court shall allow the
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. -  Barangay introduction of any history of abusive conduct of a respondent even if the same was not
Protection Orders (BPOs) refer to the protection order issued by the Punong directed against the applicant or the person for whom the applicant is made.
Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and
The court shall, to the extent possible, conduct the hearing on the merits of the issuance
(b) of this Act. A Punong Barangay  who receives applications for a BPO shall issue the
of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1)
protection order to the applicant on the date of filing after ex parte  determination of the
day and the TPO issued is due to expire, the court shall continuously extend or renew the
basis of the application. If the Punong Barangay is unavailable to act on the application
TPO for a period of thirty (30) days at each particular time until final judgment is issued.
for a BPO, the application shall be acted upon by any available Barangay Kagawad.  If the
The extended or renewed TPO may be modified by the court as may be necessary or
BPO is issued by a Barangay Kagawad  the order must be accompanied by an attestation
applicable to address the needs of the applicant.
by the Barangay Kagawad  that the Punong Barangay  was unavailable at the time for the
issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A
issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad  shall personally PPO shall be effective until revoked by a court upon application of the person in whose
serve a copy of the same on the respondent, or direct any barangay official to effect is favor the order was issued. The court shall ensure immediate personal service of the PPO
personal service. on respondent.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the The court shall not deny the issuance of protection order on the basis of the lapse of time
Punong Barangay. between the act of violence and the filing of the application.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers Regardless of the conviction or acquittal of the respondent, the Court must determine
to the protection order issued by the court on the date of filing of the application after ex whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as
parte determination that such order should be issued. A court may grant in a TPO any, long as there is no clear showing that the act from which the order might arise did not
some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. exist.
The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the
expiration of the TPO. The court shall order the immediate personal service of the TPO on
the respondent by the court sheriff who may obtain the assistance of law enforcement
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SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing
printed in bold-faced type or in capital letters on the protection order issued by provisions on protection orders shall be applicable in impliedly instituted with the criminal
the Punong Barangay or court: actions involving violence against women and their children.

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW." SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a
protection order is issued to give a bond to keep the peace, to present two sufficient
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure
sureties who shall undertake that such person will not commit the violence sought to be
to act on an application for a protection order within the reglementary period specified in
prevented.
the previous section without justifiable cause shall render the official or judge
administratively liable. Should the respondent fail to give the bond as required, he shall be detained for a period
which shall in no case exceed six (6) months, if he shall have been prosecuted for acts
SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as
punishable under Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts
specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall
punishable under Section 5(g) to 5(I).
proceed on the main case and other incidents of the case as soon as possible. The hearing
on any application for a protection order filed by the petitioner must be conducted within The protection orders referred to in this section are the TPOs and the PPOs issued only by
the mandatory period specified in this Act. the courts.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in
hearings to determine the basis of applications for a protection order under this Act shall twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
have priority over all other proceedings. Barangay officials and the courts shall schedule
SECTION 25. Public Crime. – Violence against women and their children shall be
and conduct hearings on applications for a protection order under this Act above all other
considered a public offense which may be prosecuted upon the filing of a complaint by
business and, if necessary, suspend other proceedings in order to hear applications for a
any citizen having personal knowledge of the circumstances involving the commission of
protection order.
the crime.
SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found
under this Act must be filed directly with any municipal trial court, metropolitan trial
by the courts to be suffering from battered woman syndrome do not incur any criminal
court, or municipal circuit trial court that has territorial jurisdiction over the barangay that
and civil liability notwithstanding the absence of any of the elements for justifying
issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days
circumstances of self-defense under the Revised Penal Code.
without prejudice to any other criminal or civil action that the offended party may file for
any of the acts committed. In the determination of the state of mind of the woman who was suffering from battered
woman syndrome at the time of the commission of the crime, the courts shall be assisted
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During
by expert psychiatrists/ psychologists.
trial and upon judgment, the trial court may motu proprio issue a protection order as it
deems necessary without need of an application. SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or
any other mind-altering substance shall not be a defense under this Act.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt
of court punishable under Rule 71 of the Rules of Court, without prejudice to any other SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the
criminal or civil action that the offended party may file for any of the acts committed. custody and support of her child/children. Children below seven (7) years old older but

62
with mental or physical disabilities shall automatically be given to the mother, with right that any act of abuse has just been committed, and there is imminent danger to
to support, unless the court finds compelling reasons to order otherwise. the life or limb of the victim as defined in this Act; and

A victim who is suffering from battered woman syndrome shall not be disqualified from (h) immediately report the call for assessment or assistance of the DSWD, social
having custody of her children. In no case shall custody of minor children be given to the Welfare Department of LGUs or accredited non-government organizations
perpetrator of a woman who is suffering from Battered woman syndrome. (NGOs).

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel Any barangay official or law enforcer who fails to report the incident shall be liable for a
should observe the following duties when dealing with victims under this Act: fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil
or administrative liability.
a) communicate with the victim in a language understood by the woman or her
child; and SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including,
but not limited to, an attending physician, nurse, clinician, barangay health worker,
b) inform the victim of her/his rights including legal remedies available and
therapist or counselor who suspects abuse or has been informed by the victim of violence
procedure, and privileges for indigent litigants.
shall:
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law
(a) properly document any of the victim's physical, emotional or psychological
enforcers shall have the following duties:
injuries;
(a) respond immediately to a call for help or request for assistance or protection
(b) properly record any of victim's suspicions, observations and circumstances of
of the victim by entering the necessary whether or not a protection order has
the examination or visit;
been issued and ensure the safety of the victim/s;
(c) automatically provide the victim free of charge a medical certificate
(b) confiscate any deadly weapon in the possession of the perpetrator or within
concerning the examination or visit;
plain view;
(d) safeguard the records and make them available to the victim upon request at
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or
actual cost; and
hospital;
(e) provide the victim immediate and adequate notice of rights and remedies
(d) assist the victim in removing personal belongs from the house;
provided under this Act, and services available to them.
(e) assist the barangay officials and other government officers and employees
SECTION 32. Duties of Other Government Agencies and LGUs – Other government
who respond to a call for help;
agencies and LGUs shall establish programs such as, but not limited to, education and
(f) ensure the enforcement of the Protection Orders issued by the Punong information campaign and seminars or symposia on the nature, causes, incidence and
Barangy or the courts; consequences of such violence particularly towards educating the public on its social
impacts.
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of
violence defined by this Act is occurring, or when he/she has personal knowledge It shall be the duty of the concerned government agencies and LGU's to ensure the
sustained education and training of their officers and personnel on the prevention of
violence against women and their children under the Act.
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SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court danger to act on an application for a protection order, the court shall accept the
hearing an application for a protection order shall not order, direct, force or in any way application without payment of the filing fee and other fees and of transcript of
unduly influence he applicant for a protection order to compromise or abandon any of the stenographic notes.
reliefs sought in the application for protection under this Act. Section 7 of the Family
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-
Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of
VAWC).  In pursuance of the abovementioned policy, there is hereby established an Inter-
1991 shall not apply in proceedings where relief is sought under this Act.
Agency Council on Violence Against Women and their children, hereinafter known as the
Failure to comply with this Section shall render the official or judge administratively liable. Council, which shall be composed of the following agencies:

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against (a) Department of Social Welfare and Development (DSWD);
women and their children as herein defined, any person, private individual or police
(b) National Commission on the Role of Filipino Women (NCRFW);
authority or barangay official who, acting in accordance with law, responds or intervenes
without using violence or restraint greater than necessary to ensure the safety of the (c) Civil Service Commission (CSC);
victim, shall not be liable for any criminal, civil or administrative liability resulting
therefrom. (d) Commission on Human rights (CHR)

SECTION 35. Rights of Victims. –  In addition to their rights under existing laws, victims of (e) Council for the Welfare of Children (CWC);
violence against women and their children shall have the following rights: (f) Department of Justice (DOJ);
(a) to be treated with respect and dignity; (g) Department of the Interior and Local Government (DILG);
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or (h) Philippine National Police (PNP);
any public legal assistance office;
(i) Department of Health (DOH);
(c) To be entitled to support services form the DSWD and LGUs'
(j) Department of Education (DepEd);
(d) To be entitled to all legal remedies and support as provided for under the
Family Code; and (k) Department of Labor and Employment (DOLE); and

(e) To be informed of their rights and the services available to them including (l) National Bureau of Investigation (NBI).
their right to apply for a protection order.
These agencies are tasked to formulate programs and projects to eliminate VAW based on
SECTION 36. Damages. –  Any victim of violence under this Act shall be entitled to actual, their mandates as well as develop capability programs for their employees to become
compensatory, moral and exemplary damages. more sensitive to the needs of their clients. The Council will also serve as the monitoring
body as regards to VAW initiatives.
SECTION 37. Hold Departure Order. –  The court shall expedite the process of issuance of a
hold departure order in cases prosecuted under this Act. The Council members may designate their duly authorized representative who shall have
a rank not lower than an assistant secretary or its equivalent. These representatives shall
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is attend Council meetings in their behalf, and shall receive emoluments as may be
an indigent or there is an immediate necessity due to imminent danger or threat of
64
determined by the Council in accordance with existing budget and accounting rules and and Civil Service Rules and Regulations, extendible when the necessity arises as specified
regulations. in the protection order.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall Any employer who shall prejudice the right of the person under this section shall be
provide the victims temporary shelters, provide counseling, psycho-social services and penalized in accordance with the provisions of the Labor Code and Civil Service Rules and
/or, recovery, rehabilitation programs and livelihood assistance. Regulations. Likewise, an employer who shall prejudice any person for assisting a co-
employee who is a victim under this Act shall likewise be liable for discrimination.
The DOH shall provide medical assistance to victims.
SECTION 44. Confidentiality. –  All records pertaining to cases of violence against women
SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide
and their children including those in the barangay shall be confidential and all public
rehabilitative counseling and treatment to perpetrators towards learning constructive
officers and employees and public or private clinics to hospitals shall respect the right to
ways of coping with anger and emotional outbursts and reforming their ways. When
privacy of the victim. Whoever publishes or causes to be published, in any format, the
necessary, the offender shall be ordered by the Court to submit to psychiatric treatment
name, address, telephone number, school, business address, employer, or other
or confinement.
identifying information of a victim or an immediate family member, without the latter's
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and consent, shall be liable to the contempt power of the court.
their Children Cases. – All agencies involved in responding to violence against women and
Any person who violates this provision shall suffer the penalty of one (1) year
their children cases shall be required to undergo education and training to acquaint them
imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00).
with:
SECTION 45. Funding –  The amount necessary to implement the provisions of this Act
a. the nature, extend and causes of violence against women and their children;
shall be included in the annual General Appropriations Act (GAA).
b. the legal rights of, and remedies available to, victims of violence against
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be
women and their children;
used to implement services for victim of violence against women and their children.
c. the services and facilities available to victims or survivors;
SECTION 46. Implementing Rules and Regulations.  – Within six (6) months from the
d. the legal duties imposed on police officers to make arrest and to offer approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP,
protection and assistance; and and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate
the Implementing Rules and Regulations (IRR) of this Act.
e. techniques for handling incidents of violence against women and their children
that minimize the likelihood of injury to the officer and promote the safety of the SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code
victim or survivor. and other applicable laws, shall have suppletory application.

The PNP, in coordination with LGU's shall establish an education and training program for SECTION 48. Separability Clause. – If any section or provision of this Act is held
police officers and barangay officials to enable them to properly handle cases of violence unconstitutional or invalid, the other sections or provisions shall not be affected.
against women and their children.
SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules
SECTION 43. Entitled to Leave. –  Victims under this Act shall be entitled to take a paid and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby
leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code repealed or modified accordingly.

65
SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its and promote the equal opportunity for women to participate in and contribute to the
complete publication in at least two (2) newspapers of general circulation. development of the political, economic, social, and cultural realms.

REPUBLIC ACT No. 9710             August 14, 2009 The State, in ensuring the full integration of women's concerns in the mainstream of
development, shall provide ample opportunities to enhance and develop their skills,
AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN
acquire productive employment and contribute to their families and communities to the
Be it enacted by the Senate and House of Representatives of the Philippines in Congress fullest of their capabilities.
assembled::
In pursuance of this policy, the State reaffirms the right of women in all sectors to
Section 1. Short Title. - This Act shall be known as "The Magna Carta of Women". participate in policy formulation. planning, organization, implementation, management,
monitoring, and evaluation of all programs, projects, and services. It shall support policies,
Section 2. Declaration of Policy. - Recognizing that the economic, political, and researches, technology, and training programs and other support services such as
sociocultural realities affect women's current condition, the State affirms the role of financing, production, and marketing to encourage active participation of women in
women in nation building and ensures the substantive equality of women and men. It national development.
shall promote empowerment of women and pursue equal opportunities for women and
men and ensure equal access to resources and to development results and outcome. Section 3. Principles of Human Rights of Women. - Human rights are universal and
Further, the State realizes that equality of men and women entails the abolition of the inalienable. All people in the world are entitled to them. The universality of human rights
unequal structures and practices that perpetuate discrimination and inequality. To realize is encompassed in the words of Article 1 of the Universal Declaration of Human Rights,
this, the State shall endeavor to develop plans, policies, programs, measures, and which states that all human beings are free and equal in dignity and rights.
mechanisms to address discrimination and inequality in the economic, political, social,
Human rights are indivisible. Human rights are inherent to the dignity of every human
and cultural life of women and men.
being whether they relate to civil, cultural, economic, political, or social issues.
The State condemns discrimination against women in all its forms and pursues by all
Human rights are interdependent and interrelated. The fulfillment of one right often
appropriate means and without delay the policy of eliminating discrimination against
depends, wholly or in part, upon the fulfillment of others.
women in keeping with the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) and other international instruments consistent with Philippine All individuals are equal as human beings by virtue of the inherent dignity of each human
law. The State shall accord women the rights, protection, and opportunities available to person. No one, therefore, should suffer discrimination on the basis of ethnicity, gender,
every member of society. age, language, sexual orientation, race, color, religion, political, or other opinion, national,
social, or geographical origin, disability, property, birth, or other status as established by
The State affirms women's rights as human rights and shall intensify its efforts to fulfill its
human rights standards.
duties under international and domestic law to recognize, respect, protect, fulfill, and
promote all human rights and fundamental freedoms of women, especially marginalized All people have the right to participate in and access information relating to the decision-
women, in the economic, social, political, cultural, and other fields without distinction or making processes that affect their lives and well-being. Rights-based approaches require a
discrimination on account of class, age, sex, gender, language, ethnicity, religion, ideology, high degree of participation by communities, civil society, minorities, women, young
disability, education, and status. The State shall provide the necessary mechanisms to people, indigenous peoples, and other identified groups.
enforce women's rights and adopt and undertake all legal measures necessary to foster
States and other duty-bearers are answerable for the observance of human rights. They
have to comply with the legal norms and standards enshrined in international human
66
rights instruments in accordance with the Philippine Constitution. Where they fail to do Provided, finally, That discrimination compounded by or intersecting with other
so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be
before a competent court or other adjudicator in accordance with the rules and considered discrimination against women under this Act.
procedures provided by law.
(c) "Marginalization" refers to a condition where a whole category of people is
CHAPTER II excluded from useful and meaningful participation in political, economic, social,
DEFINITION OF TERMS and cultural life.

Section 4. Definitions. - For purposes of this Act, the following terms shall mean: (d) "Marginalized" refers to the basic, disadvantaged, or vulnerable persons or
groups who are mostly living in poverty and have little or no access to land and
(a) "Women Empowerment" refers to the provision, availability, and accessibility
other resources, basic social and economic services such as health care,
of opportunities, services, and observance of human rights which enable women
education, water and sanitation, employment and livelihood opportunities,
to actively participate and contribute to the political, economic, social, and
housing, social security, physical infrastructure; and the justice system.
cultural development of the nation as well as those which shall provide them
equal access to ownership, management, and control of production, and of These include, but are not limited to, women in the following sectors and groups:
material and informational resources and benefits in the family, community, and
(1) "Small Farmers and Rural Workers" refers to those who are engaged
society.
directly or indirectly in small farms and forest areas, workers in
(b) "Discrimination Against Women" refers to any gender-based distinction, commercial farms and plantations, whether paid or unpaid, regular or
exclusion, or restriction which has the effect or purpose of impairing or nullifying season-bound. These shall include. but are not limited to, (a) small
the recognition, enjoyment, or exercise by women, irrespective of their marital farmers who own or are still amortizing for lands that is not more than
status, on a basis of equality of men and women, of human rights and three (3) hectares, tenants, leaseholders, and stewards; and (b) rural
fundamental freedoms in the political, economic, social, cultural, civil, or any workers who are either wage earners, self-employed, unpaid family
other field. workers directly and personally engaged in agriculture, small-scale
mining, handicrafts, and other related farm and off-farm activities;
It includes any act or omission, including by law; policy, administrative measure,
or practice, that directly or indirectly excludes or restricts women in the (2) "Fisherfolk" refers to those directly or indirectly engaged in taking,
recognition and promotion of their rights and their access to and enjoyment of culturing, or processing fishery or aquatic resources. These include, but
opportunities, benefits, or privileges. are not to be limited to, women engaged in fishing in municipal waters,
coastal and marine areas, women workers in commercial fishing and
A measure or practice of general application is discrimination against women if it
aquaculture, vendors and processors of fish and coastal products, and
fails to provide for mechanisms to offset or address sex or gender-based
subsistence producers such as shell-gatherers, managers, and producers
disadvantages or limitations of women, as a result of which women are denied or
of mangrove resources, and other related producers:
restricted in the recognition and protection of their rights and in their access to
and enjoyment of opportunities, benefits, or privileges; or women, more than (3) "Urban Poor" refers to those residing in urban and urbanizable slum
men, are shown to have suffered the greater adverse effects of those measures or blighted areas, with or without the benefit of security of abode,
or practices. where the income of the head of the family cannot afford in a sustained

67
manner to provide for the family's basic needs of food, health, have resettled outside their ancestral domains as defined under Section
education, housing, and other essentials in life; 3(h), Chapter II of Republic Act No. 8371, otherwise known as "The
Indigenous Peoples Rights Act of 1997" (IPRA of 1997);
(4) "Workers in the Formal Economy" refers to those who are employed
by any person acting directly or indirectly in the interest of an employer (8) "Moro" refers to native peoples who have historically inhabited
in relation to an employee and shall include the government and all its Mindanao, Palawan, and Sulu, and who are largely of the Islamic faith;
branches, subdivisions, and instrumentalities, all government- owned
(9) "Children" refers to those who are below eighteen (18) years of age
and -controlled corporations and institutions, as well as nonprofit
or over but are unable to fully take care of themselves or protect
private institutions or organizations;
themselves from abuse, neglect, cruelty, exploitation, or discrimination
(5) "Workers in the Informal Economy" refers to self-employed, because of a physical or mental disability or condition;
occasionally or personally hired, subcontracted, paid and unpaid family
(10) "Senior Citizens" refers to those sixty (60) years of age and above;
workers in household incorporated and unincorporated enterprises,
including home workers, micro-entrepreneurs and producers, and (11) "Persons with Disabilities" refers to those who are suffering from
operators of sari-sari stores and all other categories who suffer from restriction or different abilities, as a result of a mental, physical, or
violation of workers' rights: sensory impairment to perform an activity in the manner or within the
range considered normal for a human being; and
(6) "Migrant Workers" refers to Filipinos who are to be engaged, are
engaged, or have been engaged in a remunerated activity in a State of (12) "Solo Parents" refers to those who fall under the category of a solo
which they are not legal residents, whether documented or parent defined under Republic Act No. 8972, otherwise known as the
undocumented; "Solo Parents Welfare Act of 2000".

(7) "Indigenous Peoples" refers to a group of people or homogenous (e) "Substantive Equality" refers to the full and equal enjoyment of rights and
societies identified by self-ascription and ascription by other, who have freedoms contemplated under this Act. It encompasses de jure and de
continuously lived as organized community on communally bounded facto equality and also equality in outcomes.
and defined territory, and who have, under claims of ownership since
time immemorial, occupied; possessed customs, tradition, and other (f) "Gender Equality" refers to the principle asserting the equality of men and
distinctive cultural traits, or who have, through resistance to political, women and their right to enjoy equal conditions realizing their full human
social, and cultural inroads of colonization, non- indigenous religions potentials to contribute to and benefit from the results of development, and with
and culture, became historically differentiated from the majority of the State recognizing that all human beings are free and equal in dignity and
Filipinos. They shall likewise include peoples who are regarded as rights.
indigenous on account of their descent from the populations which (g) "Gender Equity" refers to the policies, instruments, programs, services, and
inhabited the country, at the dime of conquest or colonization, or at the actions that address the disadvantaged position of women in society by providing
time of inroads of non-indigenous religions and cultures, or the preferential treatment and affirmative action. Such temporary special measures
establishment of present state boundaries, who retain some or all of aimed at accelerating de facto equality between men and women shall not be
their own social, economic, cultural, and political institutions, but who considered discriminatory but shall in no way entail as a consequence the
may have been displaced from their traditional domains or who may maintenance of unequal or separate standards. These measures shall be
68
discontinued when the objectives of equality of opportunity and treatment have household, dowry-related violence, marital rape, and other traditional
been achieved. practices harmful to women, non-spousal violence, and violence related
to exploitation;
(h) "Gender and Development (GAD)" refers to the development perspective and
process that are participatory and empowering, equitable, sustainable, free from (2) Physical, sexual, and psychological violence occurring within the
violence, respectful of human rights, supportive of self-determination and general community, including rape, sexual abuse, sexual harassment,
actualization of human potentials. It seeks to achieve gender equality as a and intimidation at work, in educational institutions and elsewhere,
fundamental value that should be reflected in development choices; seeks to trafficking in women, and prostitution; and
transform society's social, economic, and political structures and questions the
(3) Physical, sexual, and psychological violence perpetrated or condoned
validity of the gender roles they ascribed to women and men; contends that
by the State, wherever it occurs.
women are active agents of development and not just passive recipients of
development assistance; and stresses the need of women to organize themselves It also includes acts of violence against women as defused in Republic Acts No.
and participate in political processes to strengthen their legal rights. 9208 and 9262.

(i) "Gender Mainstreaming" refers to the strategy for making women's as well as (l) "Women in the Military" refers to women employed in the military, both in
men's concerns and experiences an integral dimension of the design, the major and technical services, who are performing combat and/or noncombat
implementation, monitoring, and evaluation of policies and programs in all functions, providing security to the State, and protecting the people from various
political, economic, and societal spheres so that women and men benefit equally forms of threat. It also includes women trainees in all military training
and inequality is not perpetuated. It is the process of assessing the implications institutions.
for women and men of any planned action, including legislation, policies, or
programs in all areas and at all levels. (m) "Social Protection" refers to policies and programs that seek to reduce
poverty and vulnerability to risks and enhance the social status and rights of all
(j) "Temporary Special Measures" refers to a variety of legislative, executive, women, especially the marginalized by promoting and protecting livelihood and
administrative, and regulatory instruments, policies, and practices aimed at employment, protecting against hazards and sudden loss of income, and
accelerating this de facto equality of women in specific areas. These measures improving people's capacity to manage risk. Its components are labor market
shall not be considered discriminatory but shall in no way entail as a programs, social insurance, social welfare, and social safety nets.
consequence the maintenance of unequal or separate standards. They shall be
discontinued when their objectives have been achieved. CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN
(k) "Violence Against Women" refers to any act of gender-based violence that
results in, or is likely to result in, physical, sexual, or psychological harm or The State, private sector, society in general, and all individuals shall contribute to the
suffering to women, including threats of such acts, coercion, or arbitrary recognition, respect, and promotion of the rights of women defined and guaranteed
deprivation of liberty, whether occurring in public or in private life. It shall be under this Act.
understood to encompass, but not limited to, the following: Section 5. The State as the Primary Duty-Bearer. - The State, as the primary duty-bearer,
(1) Physical, sexual, psychological, and economic violence occurring in shall:
the family, including battering, sexual abuse of female children in the (a) Refrain from discriminating against women and violating their rights;

69
 (b) Protect women against discrimination and from violation of their rights by government shall give priority to the defense and protection of women against gender-
private corporations, entities, and individuals; and based offenses and help women attain justice and healing.

(c) Promote and fulfill the rights of women in all spheres, including their rights to Towards this end, measures to prosecute and reform offenders shall likewise be pursued.
substantive equality and non-discrimination.
(a) Within the next five (5) years, there shall be an incremental increase in the
The State shall fulfill these duties through law, policy, regulatory instruments, recruitment and training of women in the police force, forensics and medico-legal, legal
administrative guidelines, and other appropriate measures, including temporary special services, and social work services availed of by women who are victims of gender-related
measures. offenses until fifty percent (50%) of the personnel thereof shall be women.

Recognizing the interrelation of the human rights of women, the State shall take (b) Women shall have the right to protection and security in situations of armed conflict
measures and establish mechanisms to promote the coherent and integrated and militarization. Towards this end, they shall be protected from all forms of gender-
implementation, and enforcement of this Act and related laws, policies, or other based violence, particularly rape and other forms of sexual abuse, and all forms of
measures to effectively stop discrimination against and advance the rights of women. violence in situations of armed conflict. The State shall observe international standards for
the protection of civilian population in circumstances of emergency and armed conflict. It
The State shall keep abreast with and be guided by progressive developments in human
shall not force women, especially indigenous peoples, to abandon their lands, territories,
rights of women under international law and design of policies, laws, and other measures
and means of subsistence, or relocate them in special centers for military purposes under
to promote the objectives of this Act.
any discriminatory condition.
Section 6. Duties of the State Agencies and Instrumentalities. - These duties of the State
(c) All government personnel involved in the protection and defense of women against
shall extend to all state agencies, offices, and instrumentalities at all levels and
gender-based violence shall undergo a mandatory training on human rights and gender
government-owned and -controlled corporations, subject to the Constitution and
sensitivity pursuant to this Act.
pertinent laws, policies, or administrative guidelines that define specific duties of state
agencies and entities concerned. (d) All local government units shall establish a Violence Against Women's Desk in every
barangay to ensure that violence against women cases are fully addressed in a gender-
Section 7. Suppletory Effect. - This chapter shall be deemed integrated into and be
responsive manner.
suppletory to other provisions of this Act, particularly those that guarantee specific rights
to women and define specific roles and require specific conduct of state organs. Section 10. Women Affected by Disasters, Calamities, and Other Crisis Situations. -
Women have the right to protection and security in times of disasters, calamities, and
CHAPTER IV
other crisis situations especially in all phases of relief, recovery, rehabilitation, and
RIGHTS AND EMPOWERMENT
construction efforts. The State shall provide for immediate humanitarian assistance,
Section 8. Human Rights of Women. - All rights in the Constitution and those rights allocation of resources, and early resettlement, if necessary. It shall also address the
recognized under international instruments duly signed and ratified by the Philippines, in particular needs of women from a gender perspective to ensure their full protection from
consonance with Philippine law, shall be rights of women under this Act to be enjoyed sexual exploitation and other sexual and gender- based violence committed against them.
without discrimination. Responses to disaster situations shall include the provision of services, such as
psychosocial support, livelihood support, education, psychological health, and
Section 9. Protection from Violence. - The State shall ensure that all women shall be comprehensive health services, including protection during pregnancy.
protected from all forms of violence as provided for in existing laws. Agencies of

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Section 11. Participation and Representation. - The State shall undertake temporary Section 12. Equal Treatment Before the Law. - The State shall take steps to review and,
special measures to accelerate the participation and equitable representation of women when necessary, amend and/or repeal existing laws that are discriminatory to women
in all spheres of society particularly in the decision-making and policy-making processes in within three (3) years from the effectivity of this Act.
government and private entities to fully realize their role as agents and beneficiaries of
Section 13. Equal Access and Elimination of Discrimination in Education, Scholarships,
development.
and Training. - (a) The State shall ensure that gender stereotypes and images in
The State shall institute the following affirmative action mechanisms so that women can educational materials and curricula are adequately and appropriately revised. Gender-
participate meaningfully in the formulation, implementation, and evaluation of policies, sensitive language shall be used at all times. Capacity-building on gender and
plans, and programs for national, regional, and local development: development (GAD), peace and human rights, education for teachers, and all those
involved in the education sector shall be pursued toward this end. Partnerships between
(a) Empowerment within the Civil Service. - Within the next five (5) years, the
and among players of the education sector, including the private sector, churches, and
number of women in third (3rd) level positions in government shall be
faith groups shall be encouraged.
incrementally increased to achieve a fifty-fifty (50-50) gender balance;
(b) Enrollment of women in nontraditional skills training in vocational and tertiary levels
(b) Development Councils and Planning Bodies. - To ensure the participation of
shall be encouraged.
women in all levels of development planning and program implementation, at
least forty percent (40%) of membership of all development councils from the (c) Expulsion and non-readmission of women faculty due to pregnant;- outside of
regional, provincial, city, municipal and barangay levels shall be composed of marriage shall be outlawed. No school shall turn out or refuse admission to a female
women; student solely on the account of her having contracted pregnancy outside of marriage
during her term in school.
(c) Other Policy and Decision-Making Bodies. - Women's groups shall also be
represented in international, national, and local special and decision-making Section 14. Women in Sports. - The State shall develop, establish, and strengthen
bodies; programs for the participation of women and girl-children in competitive and
noncompetitive sports as a means to achieve excellence, promote physical and social
(d) International Bodies. - The State shall take all appropriate measures to ensure
well-being, eliminate gender-role stereotyping, and provide equal access to the full
the opportunity of women, on equal terms with men and without any
benefits of development for all persons regardless of sex, gender identity, and other
discrimination, to represent their governments at the international level and to
similar factors.
participate in the work of international organizations;
For this purpose, all sports-related organizations shall create guidelines that will establish
(e) Integration of Women in Political Parties. - The State shall provide incentives
and integrate affirmative action as a strategy and gender equality as a framework in
to political parties with women's agenda. It shall likewise encourage the
planning and implementing their policies, budgets, programs, and activities relating to the
integration of women in their leadership hierarchy, internal policy-making
participation of women and girls in sports.
structures, appointive, and electoral nominating processes; and
The State will also provide material and nonmaterial incentives to local government units,
(f) Private Sector. - The State shall take measures to encourage women
media organizations, and the private sector for promoting, training, and preparing women
leadership in the private sector in the form of incentives.
and girls for participation in competitive and noncompetitive sports, especially in local and
international events, including, but not limited to, the Palarong Pambansa, Southeast
Asian Games, Asian Games, and the Olympics.
71
No sports event or tournament will offer or award a different sports prize, with respect to dignity of women and the role and contribution of women in the family; community, and
its amount or value, to women and men winners in the same sports category: Provided, the society through the strategic use of mass media.
That the said tournament, contest, race, match, event, or game is open to both
For this purpose, the State shall ensure allocation of space; airtime, and resources,
sexes: Provided, further, That the sports event or tournament is divided into male or
strengthen programming, production, and image-making that appropriately present
female divisions.
women's needs, issues, and concerns in all forms of media, communication, information
The State shall also ensure the safety and well-being of all women and girls participating dissemination, and advertising.
in sports, especially, but not limited to, trainees, reserve members, members, coaches,
The State, in cooperation with all schools of journalism, information, and communication,
and mentors of national sports teams, whether in studying, training, or performance
as well as the national media federations and associations, shall require all media
phases, by providing them comprehensive health and medical insurance coverage, as well
organizations and corporations to integrate into their human resource development
as integrated medical, nutritional, and healthcare services.
components regular training on gender equality and gender-based discrimination, create
Schools, colleges, universities, or any other learning institution shall take into account its and use gender equality guidelines in all aspects of management, training, production,
total women student population in granting athletic scholarship. There shall be a pro information, dissemination, communication, and programming; and convene a gender
rata representation of women in the athletic scholarship program based on the equality committee that will promote gender mainstreaming as a framework and
percentage of women in the whole student population. affirmative action as a strategy, and monitor and evaluate the implementation of gender
equality guidelines.
Section 15. Women in the Military. - The State shall pursue appropriate measures to
eliminate discrimination of women in the military, police, and other similar services, Section 17. Women's Right to Health. - (a) Comprehensive Health Services. - The State
including revising or abolishing policies and practices that restrict women from availing of shall, at all times, provide for a comprehensive, culture-sensitive, and gender-responsive
both combat and noncombat training that are open to men, or from taking on functions health services and programs covering all stages of a woman's life cycle and which
other than administrative tasks, such as engaging in combat, security-related, or field addresses the major causes of women's mortality and morbidity: Provided, That in the
operations. Women in the military shall be accorded the same promotional privileges and provision for comprehensive health services, due respect shall be accorded to women's
opportunities as men, including pay increases, additional remunerations and benefits, and religious convictions, the rights of the spouses to found a family in accordance with their
awards based on their competency and quality of performance. Towards this end, the religious convictions, and the demands of responsible parenthood, and the right of
State shall ensure that the personal dignity of women shall always be respected. women to protection from hazardous drugs, devices, interventions, and substances.

Women in the military, police, and other similar services shall be provided with the same Access to the following services shall be ensured:
right to employment as men on equal conditions. Equally, they shall be accorded the
(1) Maternal care to include pre- and post-natal services to address pregnancy
same capacity as men to act in and enter into contracts, including marriage.
and infant health and nutrition;
Further, women in the military, police; and other similar services shall be entitled to leave
(2) Promotion of breastfeeding;
benefits such as maternity leave, as provided for by existing laws.
(3) Responsible, ethical, legal, safe, and effective methods of family planning;
Section 16. Nondiscriminatory and Nonderogatory Portrayal of Women in Media and
Film. - The State shall formulate policies and programs for the advancement of women in (4) Family and State collaboration in youth sexuality education and health
collaboration with government and nongovernment media-related organizations. It shall services without prejudice to the primary right and duty of parents to educate
likewise endeavor to raise the consciousness of the general public in recognizing the their children;
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 (5) Prevention and management of reproductive tract infections, including (12) months shall be entitled to a special leave benefit of two (2) months with full pay
sexually transmitted diseases, HIV, and AIDS; based on her gross monthly compensation following surgery caused by gynecological
disorders.
(6) Prevention and management of reproductive tract cancers like breast and
cervical cancers, and other gynecological conditions and disorders; Section 19. Equal Rights in All Matters Relating to Marriage and Family Relations. - The
State shall take all appropriate measures to eliminate discrimination against women in all
(7) Prevention of abortion and management of pregnancy-related complications;
matters relating to marriage and family relations and shall ensure:
(8) In cases of violence against women and children, women and children victims
(a) the same rights to enter into and leave marriages or common law
and survivors shall be provided with comprehensive health services that include
relationships referred to under the Family Code without prejudice to personal or
psychosocial, therapeutic, medical, and legal interventions and assistance
religious beliefs;
towards healing, recovery, and empowerment;
(b) the same rights to choose freely a spouse and to enter into marriage only
(9) Prevention and management of infertility and sexual dysfunction pursuant to
with their free and full consent. The betrothal and the marriage of a child shall
ethical norms and medical standards;
have no legal effect;
(10) Care of the elderly women beyond their child-bearing years; and
(c) the joint decision on the number and spacing of their children and to have
(11) Management, treatment, and intervention of mental health problems of access to the information, education and means to enable them to exercise these
women and girls. In addition, healthy lifestyle activities are encouraged and rights;
promoted through programs and projects as strategies in the prevention of
(d) the same personal rights between spouses or common law spouses including
diseases.
the right to choose freely a profession and an occupation;
(b) Comprehensive Health Information and Education. - The State shall provide women in
(e) the same rights for both spouses or common law spouses in respect of the
all sectors with appropriate, timely, complete, and accurate information and education on
ownership, acquisition, management, administration, enjoyment, and disposition
all the above-stated aspects of women's health in government education and training
of property;
programs, with due regard to the following:
(f) the same rights to properties and resources, whether titled or not, and
(1) The natural and primary right and duty of parents in the rearing of the youth
inheritance, whether formal or customary; and
and the development of moral character and the right of children to be brought
up in an atmosphere of morality and rectitude for the enrichment and (g) women shall have equal rights with men to acquire, change, or retain their
strengthening of character; nationality. The State shall ensure in particular that neither marriage to an alien
nor change of nationality by the husband during marriage shall automatically
(2) The formation of a person's sexuality that affirms human dignity; and
change the nationality of the wife, render her stateless or force upon her the
(3) Ethical, legal, safe, and effective family planning methods including fertility nationality of the husband. Various statutes of other countries concerning dual
awareness. citizenship that may be enjoyed equally by women and men shall likewise be
considered.
Section 18. Special Leave Benefits for Women. - A woman employee having rendered
continuous aggregate employment service of at least six (6) months for the last twelve
73
Customary laws shall be respected: Provided, however, That they do not discriminate (1) Equal status shall be given to women and men, whether married or
against women. not, in the titling of the land and issuance of stewardship contracts and
patents;
CHAPTER V
RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS (2) Equal treatment shall be given to women and men beneficiaries of
the agrarian reform program, wherein the vested right of a woman
Women in marginalized sectors are hereby guaranteed all civil, political, social, and
agrarian reform beneficiary is defined by a woman's relationship to
economic rights recognized, promoted, and protected under existing laws including, but
tillage, i.e., her direct and indirect contribution to the development of
not limited to, the Indigenous Peoples Rights Act, the Urban Development and Housing
the land;
Act, the Comprehensive Agrarian Reform Law, the Fisheries Code, the Labor Code, the
Migrant Workers Act, the Solo Parents Welfare Act, and the Social Reform and Poverty (3) Customary rights of women to the land, including access to and
Alleviation Act. control of the fruits and benefits, shall be recognized in circumstances
where private ownership is not possible, such as ancestral domain
Section 20. Food Security and Productive Resources. - The State recognizes the
claims:
contribution of women to food production and shall ensure its sustainability and
sufficiency with the active participation of women. Towards this end, the State shall (4) Information and assistance in claiming rights to the land shall be
guarantee, at all times, the availability in the market of safe and health-giving food to made available to women at all times;
satisfy the dietary needs of the population, giving particular attention to the specific
(5) Equal rights to women to the enjoyment, use, and management of
needs of poor girl-children and marginalized women, especially pregnant and lactating
land, water, and other natural resources within their communities or
mothers and their young children. To further address this, the State shall ensure:
ancestral domains;
(a) Right to Food. - The State shall guarantee the availability of food in quantity
(6) Equal access to the use and management of fisheries and aquatic
and quality sufficient to satisfy the dietary needs of individuals, the physical and
resources, and all the rights and benefits accruing to stakeholders in the
economic accessibility for everyone to adequate food that is culturally
fishing industry;
acceptable and free from unsafe substances and culturally accepted, and the
accurate and substantial information to the availability of food, including the (7) Equal status shall be given to women and men in the issuance of
right to full, accurate, and truthful information about safe and health-giving stewardship or lease agreements and other fishery rights that may be
foods and how to produce and have regular and easy access to them; granted for the use and management of coastal and aquatic resources.
In the same manner, women's organizations shall be given equal
(b) Right to Resources for Food Production. - The State shall guarantee women a
treatment as with other marginalized fishers organizations in the
vital role in food production by giving priority to their rights to land, credit, and
issuance of stewardship or lease agreements or other fishery rights for
infrastructure support, technical training, and technological and marketing
the use and management of such coastal and aquatic resources which
assistance. The State shall promote women-friendly technology as a high priority
may include providing support to women-engaged coastal resources;
activity in agriculture and shall promote the right to adequate food by proactively
engaging in activities intended to strengthen access to, utilization of, and receipt (8) There shall be no discrimination against women in the deputization
of accurate and substantial information on resources and means to ensure of fish wardens;
women's livelihood, including food security:

74
 (9) Women-friendly and sustainable agriculture technology shall be people to express their concerns organize, participate in the decisions that affect their
designed based on accessibility and viability in consultation with lives, and equality of opportunity and treatment for all women and men.
women's organizations;
(b) The State shall further ensure:
(10) Access to small farmer-based and controlled seeds production and
(1) Support services and gears to protect them from occupational and health
distribution shall be ensured and protected;
hazards taking into account women's maternal functions;
(11) Indigenous practices of women in seed storage and cultivation shall
(2) Support services that will enable women to balance their family obligations
be recognized, encouraged, and protected;
and work responsibilities including, but not limited to, the establishment of day
(12) Equal rights shall be given to women to be members of farmers' care centers and breast-feeding stations at the workplace, and providing
organizations to ensure wider access to and control of the means of maternity leave pursuant to the Labor Code and other pertinent laws;
production;
(3) Membership in unions regardless of status of employment and place of
(13) Provide opportunities for empowering women fishers to be employment; and
involved in the control and management, not only of the catch and
(4) Respect for the observance of indigenous peoples' cultural practices even in
production of aquamarine resources but also, to engage in
the workplace.
entrepreneurial activities which will add value to production and
marketing ventures; and (c) In recognition of the temporary nature of overseas work, the State shall exert all
efforts to address the causes of out-migration by developing local employment and other
(14) Provide economic opportunities for the indigenous women.
economic opportunities for women and by introducing measures to curb violence and
particularly access to market for their produce.
forced and involuntary displacement of local women. The State shall ensure the
In the enforcement of the foregoing, the requirements of law shall be observed at all protection and promotion of the rights and welfare of migrant women regardless of their
times. work status, and protect them against discrimination in wages, conditions of work, and
employment opportunities in host countries.
Section 21. Right to Housing. - The State shall develop housing programs for women that
are localized, simple, accessible, with potable water, and electricity, secure, with viable Section 23. Right to Livelihood, Credit, Capital, and Technology. - The State shall ensure
employment opportunities and affordable amortization. In this regard, the State shall that women are provided with the following:
consult women and involve them in community planning and development, especially in
(a) Equal access to formal sources of credit and capital;
matters pertaining to land use, zoning, and relocation.
(b) Equal share to the produce of farms and aquatic resources; and
Section 22. Right to Decent Work. - The State shall progressively realize and ensure
decent work standards for women that involve the creation of jobs of acceptable quality (c) Employment opportunities for returning women migrant workers taking into
in conditions of freedom, equity, security, and human dignity. account their skills and qualifications. Corollarily, the State shall also promote
skills and entrepreneurship development of returning women migrant workers.
(a) Decent work involves opportunities for work that are productive and fairly
remunerative as family living wage, security in the workplace, and social protection for Section 24. Right to Education and Training. - The State shall ensure the following:
families, better prospects for personal development and social integration, freedom for

75
 (a) Women migrant workers have the opportunity to undergo skills training, if agreements. It shall likewise provide access to investment opportunities for
they so desire, before taking on a foreign job, and possible retraining upon return remittances in line with national development efforts.
to the country:
(d) The State shall establish a health insurance program for senior citizens and
(b) Gender-sensitive training and seminars; and indigents.

(c) Equal opportunities in scholarships based on merit and fitness, especially to (e) The State shall support women with disabilities on a community-based social
those interested in research and development aimed towards women-friendly protection scheme.
farm technology.
Section 28. Recognition and Preservation of Cultural Identity and Integrity. - The State
Section 25. Right to Representation and Participation. - The State shall ensure women's shall recognize and respect the rights of Moro and indigenous women to practice,
participation in policy-making or decision-making bodies in the regional, national, and promote, protect, and preserve their own culture, traditions, and institutions and to
international levels. It shall also ensure the participation of grassroots women leaders in consider these rights in the formulation and implementation of national policies and
decision and policy-making bodies in their respective sectors including, but not limited to, programs. To this end, the State shall adopt measures in consultation with the sectors
the Presidential Agrarian Reform Council (PARC) and its local counterparts; community- concerned to protect their rights to their indigenous knowledge systems and practices,
based resource management bodies or mechanisms on forest management and traditional livelihood, and other manifestations of their cultures and ways of life:
stewardship; the National Fisheries and Aquatic Resources Management Council Provided, That these cultural systems and practices are not discriminatory to women.
(NFARMC) and its local counterparts; the National Commission on Indigenous Peoples; the
Section 29. Peace and Development. - The peace process shall be pursued with the
Presidential Commission for the Urban Poor; the National Anti-Poverty Commission; and,
following considerations:
where applicable, the local housing boards.
(a) Increase the number of women participating in discussions and decision-
Section 26. Right to Information. - Access to information regarding policies on women,
making in the peace process, including membership in peace panels recognizing
including programs, projects, and funding outlays that affect them, shall be ensured.
women's role in conflict- prevention and peace-making and in indigenous system
Section 27. Social Protection. - of conflict resolution;

(a) The Social Security System (SSS) and the Philippine Health Insurance (b) Ensure the development and inclusion of women's welfare and concerns in
Corporation (PhilHealth) shall support indigenous and community-based social the peace agenda in the overall peace strategy and women's participation in the
protection schemes. planning, implementation, monitoring, and evaluation of rehabilitation and
rebuilding of conflict-affected areas;
(b) The State shall institute policies and programs that seek to reduce the poverty
and vulnerability to risks and enhance the social status and rights of the (c) The institution of measures to ensure the protection of civilians in conflict-
marginalized women by promoting and protecting livelihood and employment, affected communities with special consideration for the specific needs of women
protecting against hazards and sudden; loss of income, and improving people's and girls:
capacity to manage risks.
(d) Include the peace perspective in the education curriculum and other
(c) The State shall endeavor to reduce and eventually eliminate transfer costs of educational undertakings; and
remittances from abroad through appropriate bilateral and multilateral

76
 (e) The recognition and support for women's role in conflict-prevention, (c) Equal access of Moro and indigenous girl-children in the Madaris, schools of living
management, resolution and peacemaking, and in indigenous systems of conflict culture and traditions, and the regular schools shall be ensured.
resolution.
(d) Gender-sensitive curriculum, including legal literacy, books, and curriculum in the
Section 30. Women in Especially Difficult Circumstances. - For purposes of this Act, Madaris and schools of living culture and traditions shall be developed.
"Women in Especially Difficult Circumstances" (WEDC) shall refer to victims and survivors
(e) Sensitivity of regular schools to particular Moro and indigenous practices, such as
of sexual and physical abuse, illegal recruitment, prostitution, trafficking, armed conflict,
fasting in the month of Ramadan, choice of clothing (including the wearing of hijab), and
women in detention, victims and survivors of rape and incest, and such other related
availability of halal food shall be ensured.
circumstances which have incapacitated them functionally. Local government units are
therefore mandated to deliver the necessary services and interventions to WEDC under Section 33. Protection of Senior Citizens. - The State shall protect women senior citizens
their respective jurisdictions. from neglect, abandonment, domestic violence, abuse, exploitation, and discrimination.
Towards this end, the State shall ensure special protective mechanisms and support
Section 31. Services and Interventions. - WEDC shall be provided with services and
services against violence, sexual abuse, exploitation, and discrimination of older women.
interventions as necessary such as, but not limited to, the following:
Section 34. Women are entitled to the recognition and protection of their rights defined
(a) Temporary and protective custody;
and guaranteed under this Act including their right to nondiscrimination.
(b) Medical and dental services;
Section 35. Discrimination Against Women is Prohibited. - Public and private entities and
(c) Psychological evaluation; individuals found to have committed discrimination against women shall be subject to the
sanctions provided in Section 41 hereof. Violations of other rights of women shall be
(d) Counseling;
subject to sanctions under pertinent laws and regulations.
(e) Psychiatric evaluation;
CHAPTER VI
(f) Legal services; INSTITUTIONAL MECHANISMS

(g) Productivity skills capability building; Section 36. Gender Mainstreaming as a Strategy for Implementing the Magna Carta of
Women. - Within a period prescribed in the implementing rules and regulations, the
(h) Livelihood assistance; National Commission on the Role of Filipino Women (NCRFW) shall assess its gender
(i) Job placement; mainstreaming program for consistency with the standards under this Act. It shall modify
the program accordingly to ensure that it will be an effective strategy for implementing
(j) Financial assistance: and this Act and attaining its objectives.

(k) Transportation assistance. All departments, including their attached agencies, offices, bureaus, state universities and
colleges, government-owned and -controlled corporations, local government units, and
Section 32. Protection of Girl-Children. - (a) The State shall pursue measures to eliminate
other government instrumentalities shall adopt gender mainstreaming as a strategy to
all forms of discrimination against girl-children in education, health and nutrition, and
promote women's human rights and eliminate gender discrimination in their systems,
skills development.
structures, policies, programs, processes, and procedures which shall include, but not
(b) Girl-children shall be protected from all forms of abuse and exploitation. limited to, the following:
77
(a) Planning, budgeting, monitoring and evaluation for GAD. GAD programs gender equality agenda of the government. The GAD Code shall also serve as
addressing gender issues and concerns shall be designed and implemented based basis for identifying programs, activities, and projects on GAD.
on the mandate of government agencies and local government units, Republic
Where needed, temporary gender equity measures shall be provided for in the
Act No. 7192, gender equality agenda of the government and other GAD-related
plans of all departments, including their attached agencies, offices, bureaus,
legislation, policies, and commitments. The development of GAD programs shall
state universities and colleges, government-owned and -controlled corporations,
proceed from the conduct of a gender audit of the agency or the local
local government units, and other government instrumentalities.
government unit and a gender analysis of its policies, programs, services and the
situation of its clientele; the generation and review of sex-disaggregated data; To move towards a more sustainable, gender-responsive, and performance-
and consultation with gender/women's rights advocates and agency/women based planning and budgeting, gender issues and concerns shall be integrated in,
clientele. The cost of implementing GAD programs shall be the agency's or the among others, the following plans:
local government unit's GAD budget which shall be at least five percent (5%) of
the agency's or the local government unit's total budget appropriations. (1) Macro socioeconomic plans such as the Medium-Term Philippine
Development Plan and Medium-Term Philippine Investment Plan;
Pursuant to Republic Act No. 7192, otherwise known as the Women in
Development and Nation Building Act, which allocates five percent (5%) to thirty (2) Annual plans of all departments, including their attached agencies,
percent (30%) of overseas development assistance to GAD, government agencies offices, bureaus, state universities and colleges, and government-owned
receiving official development assistance should ensure the allocation and proper and -controlled corporations; and
utilization of such funds to gender-responsive programs that complement the (3) Local plans and agenda such as executive-legislative agenda,
government GAD funds and annually report accomplishments thereof to the comprehensive development plan (CDP), comprehensive land use plan
National Economic and Development Authority (NEDA) and the Philippine (CLUP), provincial development and physical framework plan (PDPFP),
Commission on Women (PCW). and annual investment plan.
The utilization and outcome of the GAD budget shall be annually monitored and (b) Creation and/or Strengthening of the GAD Focal Points (GFP). All
evaluated in terms of its success in influencing the gender-responsive departments, including their attached agencies, offices, bureaus, state
implementation of agency programs funded by the remaining ninety-five percent universities and colleges, government- owned and -controlled corporations, local
(95%) budget. government units, and other government instrumentalities shall establish or
The Commission on Audit (COA) shall conduct an annual audit on the use of the strengthen their GAD Focal Point System or similar GAD mechanism to catalyze
GAD budget for the purpose of determining its judicious use and the efficiency, and accelerate gender mainstreaming within the agency or local government
and effectiveness of interventions in addressing gender issues towards the unit.
realization of the objectives of the country's commitments, plans, and policies on The GAD Focal Point System shall be composed of the agency head or local chief
women empowerment, gender equality, and GAD. executive, an executive committee with an Undersecretary (or its equivalent),
Local government units are also encouraged to develop and pass a GAD Code local government unit official, or office in a strategic decision-making position as
based on the gender issues and concerns in their respective localities based on Chair; and a technical working group or secretariat which is composed of
consultation with their women constituents and the women's empowerment and representatives from various divisions or offices within the agency or local
government unit.

78
 The tasks and functions of the members of the GFP shall form part of their To effectively and efficiently undertake and accomplish its functions, the PCW shall revise
regular key result areas and shall be given due consideration in their its structure and staffing pattern with the assistance of the Department of Budget and
performance evaluation. Management.

(c) Generation and Maintenance of GAD Database. All departments, including Section 39. Commission on Human Rights (CHR). - The Commission, acting as the Gender
their attached agencies, offices, bureaus, state universities and colleges, and Development Ombud, consistent with its mandate, shall undertake measures such as
government-owned and - controlled corporations, local government units, and the following:
other government instrumentalities shall develop and maintain a GAD database
(a) Monitor with the PCW and other state agencies, among others, in developing
containing gender statistics and sexdisaggregated data that have been
indicators and guidelines to comply with their duties related to the human rights
systematically gathered, regularly updated; and subjected to; gender analysis for
of women, including their right to nondiscrimination guaranteed under this Act;
planning, programming, and policy formulation.
(b) Designate one (1) commissioner and/or its Women's Human Rights Center to
Section 37. Gender Focal Point Officer in Philippine Embassies and Consulates. - An
be primarily responsible for formulating and implementing programs and
officer duly trained on GAD shall be designated as the gender focal point in the consular
activities related to the promotion and protection of the human rights of women,
section of Philippine embassies or consulates. Said officer shall be primarily responsible in
including the investigations and complaints of discrimination and violations of
handling gender concerns of women migrant workers. Attached agencies shall cooperate
their rights brought under this Act and related laws and regulations;
in strengthening the Philippine foreign posts' programs for the delivery of services to
women migrant workers. (c) Establish guidelines and mechanisms, among others, that will facilitate access
of women to legal remedies under this Act and related laws, and enhance the
Section 38. National Commission on the Role of Filipino Women (NCRFW). - The National
protection and promotion of the rights of women, especially marginalized
Commission on the Role of Filipino Women (NCRFW) shall be renamed as the Philippine
women;
Commission on Women (PCW), the primary policymaking and coordinating body of the
women and gender equality concerns under the Office of the President. The PCW shall be (d) Assist in the filing of cases against individuals, agencies, institutions, or
the overall monitoring body and oversight to ensure the implementation of this Act. In establishments that violate the provisions of this Act; and
doing so, the PCW may direct any government agency and instrumentality, as may be
necessary, to report on the implementation of this Act and for them to immediately (e) Recommend to the President of the Philippines or the Civil Service
respond to the problems brought to their attention in relation to this Act. The PCW shall Commission any possible administrative action based on noncompliance or
also lead in ensuring that government agencies are capacitated on the effective failure to implement the provisions of this Act.
implementation of this Act. The chairperson shall likewise report to the President in Section 40. Monitoring Progress and Implementation and Impact of this Act. - The PCW,
Cabinet meetings on the implementation of this Act. in coordination with other state agencies and the CHR, shall submit to Congress regular
To the extent possible, the PCW shall influence the systems, processes, and procedures of reports on the progress of the implementation of this Act highlighting the impact thereof
the executive, legislative, and judicial branches of government vis-a-vis GAD to ensure the on the status and human rights of women: Provided, That the second report shall include
implementation of this Act. an assessment of the effectiveness of this Act and recommend amendments to improve
its provisions: Provided, finally, That these reports shall be submitted to Congress every
three (3) years or as determined in the implementing rules and regulations.

79
Section 41. Penalties. - Upon finding of the CHR that a department, agency, or The State shall prioritize allocation of all available resources to effectively fulfill its
instrumentality of government, government-owned and -controlled corporation, or local obligations specified under this Act. The State agencies' GAD budgets, which shall be at
government unit has violated any provision of this Act and its implementing rules and least five percent (5%) of their total budgetary allocation, shall also be utilized for the
regulations, the sanctions under administrative law, civil service, or other appropriate programs and activities to implement this Act.
laws shall be recommended to the Civil Service Commission and/or the Department of the
Section 44. Implementing Rules and Regulations. - As the lead agency, the PCW shall, in
Interior and Local Government. The person directly responsible for the violation as well as
coordination with the Commission on Human Rights and all concerned government
the head of the agency or local chief executive shall be held liable under this Act.
departments and agencies including, as observers, both Houses of Congress through the
If the violation is committed by a private entity or individual, the person directly Committee on Youth, Women and Family Relations (Senate) and the Committee on
responsible for the violation shall be liable to pay damages. Women and Gender Equality (House of Representatives) and with the participation of
representatives from nongovernment organizations (NGOs) and civil society groups with
Filing a complaint under this Act shall not preclude the offended party from pursuing
proven track record of involvement and promotion of the rights and welfare of Filipino
other remedies available under the law and to invoke any of the provisions of existing
women and girls identified by the PCW, formulate the implementing rules and regulations
laws especially those recently enacted laws protecting women and children, including the
(IRR) of this Act within one hundred eighty (180) days after its effectivity.
Women in Development and Nation Building Act (Republic Act No. 7192), the Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act (Republic Section 45. Separability Clause. - If any provision or part hereof is held invalid or
Act No. 7610), the Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877), the Anti- unconstitutional, the remainder of the law or the provisions not otherwise affected shall
Rape Law of 1997 (Republic Act No. 8353), the Rape Victim Assistance and Protection Act remain valid and subsisting.
of 1998 (Republic Act No. 8505), the Anti-Trafficking in Persons Act of 2003 (Republic Act
Section 46. Repealing Clause. - Any law, presidential decree or issuance, executive order,
No. 9208) and the Anti- Violence Against Women and Their Children Act of 2004 (Republic
letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent
Act No. 9262). If violence has been proven to be perpetrated by agents of the State
with, the provisions of this Act is hereby repealed, modified, or amended accordingly.
including, but not limited to, extrajudicial killings, enforced disappearances, torture, and
internal displacements, such shall be considered aggravating offenses with corresponding Section 47. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
penalties depending on the severity of the offenses. publication in at least two (2) newspapers of general circulation.

Section 42. Incentives and Awards. - There shall be established an incentives and awards REPUBLIC ACT N0. 9745
system which shall be administered by a board under such rules and regulations as may
be promulgated by the PCW to deserving entities, government agencies, and local AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING
government units for their outstanding performance in upholding the rights of women TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR
and effective implementation of gender-responsive programs. Be it enacted by the Senate and House of Representatives of the Philippines in Congress
Section 43. Funding. - The initial funding requirements for the implementation of this Act assembled:
shall be charged against the current appropriations of the agencies concerned. Thereafter, Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".
such sums as may be necessary for the implementation of this Act shall be included in the
agencies' yearly budgets under the General Appropriations Act. Section 2. Statement of Policy. - It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for
human rights;
80
 (b) To ensure that the human rights of all persons, including suspects, detainees authority against a person under his/her custody, which attains a level of severity
and prisoners are respected at all times; and that no person placed under causing suffering, gross humiliation or debasement to the latter.
investigation or held in custody of any person in authority or, agent of a person
(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and
authority shall be subjected to physical, psychological or mental harm, force,
degrading treatment or punishment as defined above and any individual who has
violence, threat or intimidation or any act that impairs his/her free wi11 or in any
suffered harm as a result of any act(s) of torture, or other cruel, inhuman and
manner demeans or degrades human dignity;
degrading treatment or punishment.
(c) To ensure that secret detention places, solitary, incommunicado or other
(d) "Order of Battle" refers to any document or determination made by the
similar forms of detention, where torture may be carried out with impunity, are
military, police or any law enforcement agency of the government, listing the
prohibited; and
names of persons and organizations that it perceives to be enemies of the State
(d) To fully adhere to the principles and standards on the absolute condemnation and that it considers as legitimate targets as combatants that it could deal with,
and prohibition of torture as provided for in the 1987 Philippine Constitution; through the use of means allowed by domestic and international law.
various international instruments to which the Philippines is a State party such
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be
as, but not limited to, the International Covenant on Civil and Political Rights
limited to, the following:
(ICCPR), the Convention on the Rights of the Child (CRC), the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDA W) and the (a) Physical torture is a form of treatment or punishment inflicted by a person in
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment authority or agent of a person in authority upon another in his/her custody that
or Punishment (CAT); and all other relevant international human rights causes severe pain, exhaustion, disability or dysfunction of one or more parts of
instruments to which the Philippines is a signatory. the body, such as:

Section 3. Definitions. - For purposes of this Act, the following terms shall mean: (1) Systematic beating, headbanging, punching, kicking, striking with
truncheon or rifle butt or other similar objects, and jumping on the
(a) "Torture" refers to an act by which severe pain or suffering, whether physical
stomach;
or mental, is intentionally inflicted on a person for such purposes as obtaining
from him/her or a third person information or a confession; punishing him/her (2) Food deprivation or forcible feeding with spoiled food, animal or
for an act he/she or a third person has committed or is suspected of having human excreta and other stuff or substances not normally eaten;
committed; or intimidating or coercing him/her or a third person; or for any
reason based on discrimination of any kind, when such pain or suffering is (3) Electric shock;
inflicted by or at the instigation of or with the consent or acquiescence of a (4) Cigarette burning; burning by electrically heated rods, hot oil, acid;
person in authority or agent of a person in authority. It does not include pain or by the rubbing of pepper or other chemical substances on mucous
Buffering arising only from, inherent in or incidental to lawful sanctions. membranes, or acids or spices directly on the wound(s);
(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a (5) The submersion of the head in water or water polluted with
deliberate and aggravated treatment or punishment not enumerated under excrement, urine, vomit and/or blood until the brink of suffocation;
Section 4 of this Act, inflicted by a person in authority or agent of a person in
(6) Being tied or forced to assume fixed and stressful bodily position;

81
 (7) Rape and sexual abuse, including the insertion of foreign objects into (6) Causing unscheduled transfer of a person deprived of liberty from
the sex organ or rectum, or electrical torture of the genitals; one place to another, creating the belief that he/she shall be summarily
executed;
(8) Mutilation or amputation of the essential parts of the body such as
the genitalia, ear, tongue, etc.; (7) Maltreating a member/s of a person's family;

(9) Dental torture or the forced extraction of the teeth; (8) Causing the torture sessions to be witnessed by the person's family,
relatives or any third party;
(10) Pulling out of fingernails;
(9) Denial of sleep/rest;
(11) Harmful exposure to the elements such as sunlight and extreme
cold; (10) Shame infliction such as stripping the person naked, parading
him/her in public places, shaving the victim's head or putting marks on
(12) The use of plastic bag and other materials placed over the head to
his/her body against his/her will;
the point of asphyxiation;
(11) Deliberately prohibiting the victim to communicate with any
(13) The use of psychoactive drugs to change the perception, memory.
member of his/her family; and
alertness or will of a person, such as:
(12) Other analogous acts of mental/psychological torture.
(i) The administration or drugs to induce confession and/or reduce
mental competency; or Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel,
inhuman or degrading treatment or punishment refers to a deliberate and aggravated
(ii) The use of drugs to induce extreme pain or certain symptoms of a
treatment or punishment not enumerated under Section 4 of this Act, inflicted by a
disease; and
person in authority or agent of a person in authority against another person in custody,
(14) Other analogous acts of physical torture; and which attains a level of severity sufficient to cause suffering, gross humiliation or
debasement to the latter. The assessment of the level of severity shall depend on all the
(b) "Mental/Psychological Torture" refers to acts committed by a person in circumstances of the case, including the duration of the treatment or punishment, its
authority or agent of a person in authority which are calculated to affect or physical and mental effects and, in some cases, the sex, religion, age and state of health of
confuse the mind and/or undermine a person's dignity and morale, such as: the victim.
(1) Blindfolding; Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, Punishment, An Absolute Bight. - Torture and other cruel, inhuman and degrading
execution or other wrongful acts; treatment or punishment as criminal acts shall apply to all circumstances. A state of war
or a threat of war, internal political instability, or any other public emergency, or a
(3) Confinement in solitary cells or secret detention places; document or any determination comprising an "order of battle" shall not and can never
be invoked as a justification for torture and other cruel, inhuman and degrading
(4) Prolonged interrogation;
treatment or punishment.
(5) Preparing a prisoner for a "show trial", public display or public
humiliation of a detainee or prisoner;
82
Section 7. Prohibited Detention. - Secret detention places, solitary confinement, (b) To have sufficient government protection against all forms of harassment;
incommunicado or other similar forms of detention, where torture may be carried out threat and/or intimidation as a consequence of the filing of said complaint or the
with impunity. Are hereby prohibited. presentation of evidence therefor. In which case, the State through its
appropriate agencies shall afford security in order to ensure his/her safety and all
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines
other persons involved in the investigation and prosecution such as, but not
(AFP) and other law enforcement. agencies concerned shall make an updated list of all
limited to, his/her lawyer, witnesses and relatives; and
detention centers and facilities under their respective jurisdictions with the corresponding
data on the prisoners or detainees incarcerated or detained therein such as, among (c) To be accorded sufficient protection in the manner by which he/she testifies
others, names, date of arrest and incarceration, and the crime or offense committed. This and presents evidence in any fora in order to avoid further trauma.
list shall be made available to the public at all times, with a copy of the complete list
Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings
available at the respective national headquarters of the PNP and AFP. A copy of the
and Compliance with a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ
complete list shall likewise be submitted by the PNP, AFP and all other law enforcement
of habeas data proceeding, if any, filed on behalf of the victim of torture or other cruel,
agencies to the Commission on Human Rights (CHR), such list to be periodically updated,
degrading and inhuman treatment or punishment shall be disposed of expeditiously and
by the same agencies, within the first five (5) days of every month at the minimum. Every
any order of release by virtue thereof, or other appropriate order of a court relative
regional office of the PNP, AFP and other law enforcement agencies shall also maintain a
thereto, shall be executed or complied with immediately.
similar list far all detainees and detention facilities within their respective areas, and shall
make the same available to the public at all times at their respective regional Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal
headquarters, and submit a copy. updated in the same manner provided above, to the assistance in the investigation and monitoring and/or filing of the complaint for a person
respective regional offices of the CHR. who suffers torture and other cruel, inhuman and degrading treatment or punishment, or
for any interested party thereto.
Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or
statement obtained as a result of torture shall be inadmissible in evidence in any The victim or interested party may also seek legal assistance from the Barangay Human
proceedings, except if the same is used as evidence against a person or persons accused Rights Action Center (BRRAC) nearest him/her as well as from human rights
of committing torture. nongovernment organizations (NGOs).

Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after
of torture shall have the following rights in the institution of a criminal complaint for interrogation, every person arrested, detained or under custodial investigation shall have
torture: the right to he informed of his/her right to demand physical examination by an
independent and competent doctor of his/her own choice. If such person cannot afford
(a) To have a prompt and an impartial investigation by the CHR and by agencies
the services of his/her own doctor, he/she shall he provided by the State with a
of government concerned such as the Department of Justice (DOJ), the Public
competent and independent doctor to conduct physical examination. The State shall
Attorney's Office (PAO), the PNP, the National Bureau of Investigation (NBI) and
endeavor to provide the victim with psychological evaluation if available under the
the AFP. A prompt investigation shall mean a maximum period of sixty (60)
circumstances. If the person arrested is a female, she shall be attended to preferably by a
working days from the time a complaint for torture is filed within which an
female doctor. Furthermore, any person arrested, detained or under custodial
investigation report and/or resolution shall be completed and made available. An
investigation, including his/her immediate family, shall have the right to immediate access
appeal whenever available shall be resolved within the same period prescribed
to proper and adequate medical treatment. The physical examination and/or
herein,
83
psychological evaluation of the victim shall be contained in a medical report, duly signed The immediate commanding officer of the unit concerned of the AFP or the immediate
by the attending physician, which shall include in detail his/her medical history and senior public official of the PNP and other law enforcement agencies shall be held liable as
findings, and which shall he attached to the custodial investigation report. Such report a principal to the crime of torture or other cruel or inhuman and degrading treatment or
shall be considered a public document. punishment for any act or omission, or negligence committed by him/her that shall have
led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof
Following applicable protocol agreed upon by agencies tasked to conduct physical,
by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the
psychological and mental examinations, the medical reports shall, among others, include:
time, should have known that acts of torture or other cruel, inhuman and degrading
(a) The name, age and address of the patient or victim; treatment or punishment shall be committed, is being committed, or has been committed
by his/her subordinates or by others within his/her area of responsibility and, despite
(b) The name and address of the nearest kin of the patient or victim; such knowledge, did not take preventive or corrective action either before, during or
(c) The name and address of the person who brought the patient or victim for immediately after its commission, when he/she has the authority to prevent or
physical, psychological and mental examination, and/or medical treatment; investigate allegations of torture or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate allegations of such act, whether
(d) The nature and probable cause of the patient or victim's injury, pain and deliberately or due to negligence shall also be liable as principals.
disease and/or trauma;
Any public officer or employee shall be liable as an accessory if he/she has knowledge that
(e) The approximate time and date when the injury, pain, disease and/or trauma torture or other cruel, inhuman and degrading treatment or punishment is being
was/were sustained; committed and without having participated therein, either as principal or accomplice,
takes part subsequent to its commission in any of the following manner:
(f) The place where the injury, pain, disease and/or trauma was/were sustained;
(a) By themselves profiting from or assisting the offender to profit from the
(g) The time, date and nature of treatment necessary; and
effects of the act of torture or other cruel, inhuman and degrading treatment or
(h) The diagnosis, the prognosis and/or disposition of the patient. punishment;

Any person who does not wish to avail of the rights under this pr<;lvision may knowingly (b) By concealing the act of torture or other cruel, inhuman and degrading
and voluntarily waive such rights in writing, executed in the presence and assistance of treatment or punishment and/or destroying the effects or instruments thereof in
his/her counsel. order to prevent its discovery; or(c) By harboring, concealing or assisting m the
escape of the principal/s in the act of torture or other cruel, inhuman and
Section 13. Who are Criminally Liable. - Any person who actually participated Or induced
degrading treatment or punishment: Provided, That the accessory acts are done
another in the commission of torture or other cruel, inhuman and degrading treatment or
with the abuse of the official's public functions.
punishment or who cooperated in the execution of the act of torture or other cruel,
inhuman and degrading treatment or punishment by previous or simultaneous acts shall Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the
be liable as principal perpetrators of the following acts:

Any superior military, police or law enforcement officer or senior government official who (1) Torture resulting in the death of any person;
issued an order to any lower ranking personnel to commit torture for whatever purpose
(2) Torture resulting in mutilation;
shall be held equally liable as principals.

84
 (3) Torture with rape; (h) The penalty of arresto mayor shall be imposed for acts constituting cruel,
inhuman or degrading treatment or punishment as defined in Section 5 of this
(4) Torture with other forms of sexual abuse and, in consequence of
Act.
torture, the victim shall have become insane, imbecile, impotent, blind
or maimed for life; and (i) The penalty of prision correccional shall be imposed upon those who establish,
operate and maintain secret detention places and/or effect or cause to effect
(5) Torture committed against children.
solitary confinement, incommunicado or other similar forms of prohibited
(b) The penalty of reclusion temporal shall be imposed on those who commit any detention as provided in Section 7 of this Act where torture may be carried out
act of mental/psychological torture resulting in insanity, complete or partial with impunity.
amnesia, fear of becoming insane or suicidal tendencies of the victim due to
(j) The penalty of arresto mayor shall be imposed upon the responsible officers or
guilt, worthlessness or shame.
personnel of the AFP, the PNP and other law enforcement agencies for failure to
(c) The penalty of prision correccional shall be imposed on those who commit perform his/her duty to maintain, submit or make available to the public an
any act of torture resulting in psychological, mental and emotional harm other updated list of detention centers and facilities with the corresponding data on
than those described 1n paragraph (b) of this section. ' the prisoners or detainees incarcerated or detained therein, pursuant to Section
7 of this Act.
(d) The penalty of prision mayor in its medium and maximum periods shall be
imposed if, in consequence of torture, the victim shall have lost the power of Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not
speech or the power to hear or to smell; or shall have lost an eye, a hand, a foot, absorb or shall not be absorbed by any other crime or felony committed as a
an arm or a leg; or shall have lost the use of any such member; Or shall have consequence, or as a means in the conduct or commission thereof. In which case, torture
become permanently incapacitated for labor. shall be treated as a separate and independent criminal act whose penalties shall be
imposable without prejudice to any other criminal liability provided for by domestic and
(e) The penalty of prision mayor in its minimum and medium periods shall be international laws.
imposed if, in consequence of torture, the victim shall have become deformed or
shall have lost any part of his/her body other than those aforecited, or shall have Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to
lost the use thereof, or shall have been ill or incapacitated for labor for a period depreciate the crime of torture, persons who have committed any act of torture shall not
of more than ninety (90) days. benefit from any special amnesty law or similar measures that will have the effect of
exempting them from any criminal proceedings and sanctions.
(f) The penalty of prision correccional in its maximum period to prision mayor in
its minimum period shall be imposed if, in consequence of torture, the victim Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited
shall have been ill or incapacitated for labor for mare than thirty (30) days but to another State where there are substantial grounds to believe that such person shall be
not more than ninety (90) days. in danger of being subjected to torture. For the purposes of determining whether such
grounds exist, the Secretary of the Department of Foreign Affairs (DFA) and the Secretary
(g) The penalty of prision correccional in its minimum and medium period shall of the DOJ, in coordination with the Chairperson of the CHR, shall take into account all
be imposed if, in consequence of torture, the victim shall have been ill or relevant considerations including, where applicable and not limited to, the existence in
incapacitated for labor for thirty (30) days or less. the requesting State of a consistent pattern of gross, flagrant or mass violations of human
rights.

85
Section 18. Compensation to Victims of Torture. - Any person who has suffered torture Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal
shall have the right to claim for compensation as provided for under Republic Act No. Code insofar as they are applicable shall be suppletory to this Act. Moreover, if the
7309: Provided, That in no case shall compensation be any lower than Ten thousand commission of any crime punishable under Title Eight (Crimes Against Persons) and Title
pesos (P10,000.00). Victims of torture shall also have the right to claim for compensation Nine (Crimes Against Personal Liberty and Security) of the Revised Penal Code is attended
from such other financial relief programs that may be made available to him/her under by any of the acts constituting torture and other cruel, inhuman and degrading treatment
existing law and rules and regulations. or punishment as defined herein, the penalty to be imposed shall be in its maximum
period.
Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the
effectivity of this Act, the Department of Social Welfare and Development (DSWD), the Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is
DOJ and the Department of Health (DOH) and such other concerned government hereby appropriated to the CHR for the initial implementation of tills Act. Thereafter, such
agencies, and human rights organizations shall formulate a comprehensive rehabilitation sums as may be necessary for the continued implementation of this Act shall be included
program for victims of torture and their families. The DSWD, the DOJ and thc DOH shall in the annual General Appropriations Act.
also call on human rights nongovernment organizations duly recognized by the
Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active
government to actively participate in the formulation of such program that shall provide
participation of human rights nongovernmental organizations, shall promulgate the rules
for the physical, mental, social, psychological healing and development of victims of
and regulations for the effective implementation of tills Act. They shall also ensure the full
torture and their families. Toward the attainment of restorative justice, a parallel
dissemination of such rules and regulations to all officers and members of various law
rehabilitation program for persons who have committed torture and other cruel, inhuman
enforcement agencies.
and degrading punishment shall likewise be formulated by the same agencies.
Section 25. Separability Clause. - If any provision of this Act is declared invalid or
Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby
unconstitutional, the other provisions not affected thereby shall continue to be in full
created to periodically oversee the implementation of this Act. The Committee shall be
force and effect.
headed by a Commissioner of the CRR, with the following as members: the Chairperson of
the Senate Committee on Justice and Human Rights, the respective Chairpersons of the Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations
House of Representatives' Committees on Justice and Human Rights, and the Minority contrary to or inconsistent with the provisions of this Act are hereby repealed or modified
Leaders of both houses or their respective representatives in the minority. accordingly.

Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
National Defense (DND), the Department of the Interior and Local Government (DILG) and the Official Gazette or in at least two (2) newspapers of general circulation.
such other concerned parties in both the public and private sectors shall ensure that
education and information regarding prohibition against torture and other cruel, inhuman REPUBLIC ACT NO. 10353
and degrading treatment or punishment shall be fully included in the training of law AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE
enforcement personnel, civil or military, medical personnel, public officials and other
persons who may be involved in the custody, interrogation or treatment of any individual Be it enacted by the Senate and House of Representatives of the Philippines in Congress
subjected to any form of arrest, detention or imprisonment. The Department of Education assembled:
(DepED) and the Commission on Higher Education (CHED) shall also ensure the integration
Section 1. Short Title.  –This Act shall be known as the "Anti-Enforced or Involuntary
of human rights education courses in all primary, secondary and tertiary level academic
Disappearance Act of 2012″.
institutions nationwide.
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Section 2. Declaration of Policy.  –The State values the dignity of every human person and as legitimate targets as combatants that it could deal with, through the use of
guarantees full respect for human rights for which highest priority shall be given to the means allowed by domestic and international law.
enactment of measures for the enhancement of the right of all people to human dignity,
(d) Victim  refers to the disappeared person and any individual who has suffered
the prohibition against secret detention places, solitary confinement, incommunicado,  or
harm as a direct result of an enforced or involuntary disappearance as defined in
other similar forms of detention, the provision for penal and civil sanctions for such
letter (b) of this Section.
violations, and compensation and rehabilitation for the victims and their families,
particularly with respect to the use of torture, force, violence, threat, intimidation or any Section 4. Nonderogability of the Right Against Enforced or Involuntary Disappearance.  –
other means which vitiate the free will of persons abducted, arrested, detained, The right against enforced or involuntary disappearance and the fundamental safeguards
disappeared or otherwise removed from the effective protection of the law. for its prevention shall not be suspended under any circumstance including political
instability, threat of war, state of war or other public emergencies.
Furthermore, the State adheres to the principles and standards on the absolute
condemnation of human rights violations set by the 1987 Philippine Constitution and Section 5. "Order of Battle" or Any Order of Similar Nature, Not Legal Ground, for
various international instruments such as, but not limited to, the International Covenant Enforced or Involuntary Disappearance. –  An "Order of Battle" or any order of similar
on Civil and Political Rights (ICCPR), and the Convention Against Torture and Other Cruel, nature, official or otherwise, from a superior officer or a public authority causing the
Inhuman or Degrading Treatment or Punishment (CAT), to which the Philippines is a State commission of enforced or involuntary disappearance is unlawful and cannot be invoked
party. as a justifying or exempting circumstance. Any person receiving such an order shall have
the right to disobey it.
Section 3. Definitions.  –For purposes of this Act, the following terms shall be defined as
follows: Section 6. Right of Access to Communication. –  It shall be the absolute right of any person
deprived of liberty to have immediate access to any form of communication available in
(a) Agents of the State refer to persons who, by direct provision of the law,
order for him or her to inform his or her family, relative, friend, lawyer or any human
popular election or appointment by competent authority, shall take part in the
rights organization on his or her whereabouts and condition.
performance of public functions in the government, or shall perform in the
government or in any of its branches public duties as an employee, agent or Section 7. Duty to Report Victims of Enforced or Involuntary Disappearance. – Any person,
subordinate official, of any rank or class. not being a principal, accomplice or accessory, who has an information of a case of
enforced or involuntary disappearance or who shall learn of such information or that a
(b) Enforced or involuntary disappearance  refers to the arrest, detention,
person is a victim of enforced or involuntary disappearance, shall immediately report in
abduction or any other form of deprivation of liberty committed by agents of the
writing the circumstances and whereabouts of the victim to any office, detachment or
State or by persons or groups of persons acting with the authorization, support
division of the Department of the Interior and Local Government (DILG), the Department
or acquiescence of the State, followed by a refusal to acknowledge the
of National Defense (DND), the Philippine National Police (PNP), the Armed Forces of the
deprivation of liberty or by concealment of the fate or whereabouts of the
Philippines (AFP), the National Bureau of Investigation (NBI), the City or Provincial
disappeared person, which places such person outside the protection of the law.
Prosecutor, the Commission on Human Rights (CHR) or any human rights organization
(c) Order of Battle refers to a document made by the military, police or any law and, if known, the victim’s family, relative, or lawyer.
enforcement agency of the government, listing the names of persons and
Section 8. Duty to Certify in Writing on the Results of Inquiry into a Reported Disappeared
organizations that it perceives to be enemies of the State and which it considers
Person’s Whereabouts. –In case a family member, relative, lawyer, representative of a
human rights organization or a member of the media inquires with a member or official of
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any police or military detention center, the PNP or any of its agencies, the AFP or any of (e) The place of deprivation of liberty, the date and time of admission to the
its agencies, the NBI or any other agency or instrumentality of the government, as well as place of deprivation of liberty and the authority responsible for the place of
any hospital or morgue, public or private, on the presence or whereabouts of a reported deprivation of liberty;
victim of enforced or involuntary disappearance, such member or official shall
(f) Records of physical, mental and psychological condition of the detained or
immediately issue a certification in writing to the inquiring person or entity on the
confined person before and after the deprivation of liberty and the name and
presence or absence and/or information on the whereabouts of such disappeared person,
address of the physician who examined him or her physically, mentally and
stating, among others, in clear and unequivocal manner the date and time of inquiry,
medically;
details of the inquiry and the response to the inquiry.
(g) The date and time of release or transfer of the detained or confined person to
Section 9. Duty of Inquest/Investigating Public Prosecutor or any Judicial or Quasi-Judicial
another place of detention, the destination and the authority responsible for the
Official or Employee.  –Any inquest or investigating public prosecutor, or any judicial or
transfer;
quasi-judicial official or employee who learns that the person delivered for inquest or
preliminary investigation or for any other judicial process is a victim of enforced or (h) The date and time of each removal of the detained or confined person from
involuntary disappearance shall have the duty to immediately disclose the victim’s his or her cell, the reason or purpose for such removal and the date and time of
whereabouts to his or her immediate family, relatives, lawyer/s or to a human rights his or her return to his or her cell;
organization by the most expedient means.
(i) A summary of the physical, mental and medical findings of the detained or
Section 10. Official Up-to-Date Register of All Persons Detained or Confined. - All persons confined person after each interrogation;
detained or confined shall be placed solely in officially recognized and controlled places of
detention or confinement where an official up-to-date register of such persons shall be (j) The names and addresses of the persons who visit the detained or confined
maintained. Relatives, lawyers, judges, official bodies and all persons who have legitimate person and the date and time of such visits and the date and time of each
interest in the whereabouts and condition of the persons deprived of liberty shall have departure;
free access to the register. (k) In the event of death during the deprivation of liberty, the identity, the
The following details, among others, shall be recorded, in the register: circumstances and cause of death of the victim as well as the destination of the
human remains; and
(a) The identity or name, description and address of the person deprived of
liberty; (l) All other important events bearing on and all relevant details regarding the
treatment of the detained or confined person.
(b) The date, time and location where the person was deprived of liberty and the
identity of the person who made such deprivation of liberty; Provided,  That the details required under letters (a) to (f) shall be entered immediately in
the register upon arrest and/or detention.
(c) The authority who decided the deprivation of liberty and the reasons for the
deprivation of liberty or the crime or offense committed; All information contained in the register shall be regularly or upon request reported to the
CHR or any other agency of government tasked to monitor and protect human rights and
(d) The authority controlling the deprivation of liberty; shall be made available to the public.

Section 11. Submission of List of Government Detention Facilities.  –Within six (6) months
from the effectivity of this Act and as may be requested by the CHR thereafter, all
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government agencies concerned shall submit an updated inventory or list of all officially (2) Those who directly forced, instigated, encouraged or induced others to
recognized and controlled detention or confinement facilities, and the list of detainees or commit the act of enforced or involuntary disappearance;
persons deprived of liberty under their respective jurisdictions to the CHR.
(3) Those who cooperated in the act of enforced or involuntary disappearance by
Section 12. Immediate Issuance and Compliance of the Writs of Habeas Corpus, Amparo committing another act without which the act of enforced or involuntary
and Habeas Data. –  All proceedings pertaining to the issuance of the writs of habeas disappearance would not have been consummated;
corpus, amparo and habeas data  shall be dispensed with expeditiously. As such, all courts
(4) Those officials who allowed the act or abetted in the consummation of
and other concerned agencies of government shall give priority to such proceedings.
enforced or involuntary disappearance when it is within their power to stop or
Moreover, any order issued or promulgated pursuant to such writs or their respective uncover the commission thereof; and
proceedings shall be executed and complied with immediately.
(5) Those who cooperated in the execution of the act of enforced or involuntary
Section 13. Visitation /Inspection of Places of Detention and, Confinement. –The CHR or disappearance by previous or simultaneous acts.
its duly authorized representatives are hereby mandated and authorized to conduct
(b) The penalty of reclusion temporal and its accessory penalties shall be imposed upon
regular, independent, unannounced and unrestricted visits to or inspection of all places of
those who shall commit the act of enforced or involuntary disappearance in the
detention and confinement.
attempted stage as provided for and defined under Article 6 of the Revised Penal Code.
Section 14. Liability of Commanding Officer or Superior.  - The immediate commanding
(c) The penalty of reclusion temporal and its accessory penalties shall also be imposed
officer of the unit concerned of the AFP or the immediate senior official of the PNP and
upon persons who, having knowledge of the act of enforced or involuntary disappearance
other law enforcement agencies shall be held liable as a principal to the crime of enforced
and without having participated therein, either as principals or accomplices, took part
or involuntary disappearance for acts committed by him or her that shall have led,
subsequent to its commission in any of the following manner:
assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his
or her subordinates. If such commanding officer has knowledge of or, owing to the (1) By themselves profiting from or assisting the offender to profit from the
circumstances at the time, should have known that an enforced or involuntary effects of the act of enforced or involuntary disappearance;
disappearance is being committed, or has been committed by subordinates or by others
within the officer’s area of responsibility and, despite such knowledge, did not take (2) By concealing the act of enforced or involuntary disappearance and/or
preventive or coercive action either before, during or immediately after its commission, destroying the effects or instruments thereof in order to prevent its discovery; or
when he or she has the authority to prevent or investigate allegations of enforced or (3) By harboring, concealing or assisting in the escape of the principal/s in the act
involuntary disappearance but failed to prevent or investigate such allegations, whether of enforced or involuntary disappearance, provided such accessory acts are done
deliberately or due to negligence, shall also be held liable as principal. with the abuse of official functions.
Section 15. Penal Provisions.  – (a) The penalty of reclusion perpetua and its accessory (d) The penalty of prision correctional  and its accessory penalties shall be imposed against
penalties shall be imposed upon the following persons: persons who defy, ignore or unduly delay compliance with any order duly issued or
(1) Those who directly committed the act of enforced or involuntary promulgated pursuant to the writs of habeas corpus, amparo  and habeas data or their
disappearance; respective proceedings.

(e) The penalty of arresto mayor  and its accessory penalties shall be imposed against any
person who shall violate the provisions of Sections 6, 7, 8, 9 and 10 of this Act.
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Section 16. Preventive Suspension/Summary Dismissal. –Government officials and Section 22. Statue of Limitations Exemption. – The prosecution of persons responsible for
personnel who are found to be perpetrators of or participants in any manner in the enforced or involuntary disappearance shall not prescribe unless the victim surfaces alive.
commission of enforced or involuntary disappearance as a result of a preliminary In which case, the prescriptive period shall be twenty-five (25) years from the date of such
investigation conducted for that purpose shall be preventively suspended or summarily reappearance.
dismissed from the service, depending on the strength of the evidence so presented and
Section 23. Special Amnesty Law Exclusion. – Persons who are changed with and/or guilty
gathered in the said preliminary investigation or as may be recommended by the
of the act of enforced or involuntary disappearance shall not benefit from any special
investigating authority.
amnesty law or other similar executive measures that shall exempt them from any penal
Section 17. Civil Liability. –The act of enforced or involuntary disappearance shall render proceedings or sanctions.
its perpetrators and the State agencies which organized, acquiesced in or tolerated such
Section 24. State Protection – The State, through its appropriate agencies, shall ensure
disappearance liable under civil law.
the safety of all persons involved in the search, investigation and prosecution of enforced
Section 18. Independent Liability. –The criminal liability of the offender under this Act or involuntary disappearance including, but not limited to, the victims, their families,
shall be independent of or without prejudice to the prosecution and conviction of the said complainants, witnesses, legal counsel and representatives of human rights organizations
offender for any violation of Republic Act No. 7438, otherwise known as "An Act Defining and media. They shall likewise be protected from any intimidation or reprisal.
Certain Rights of Person Arrested, Detained or Under Custodial Investigation as well as the
Section 25. Applicability of Refouler. –No person shall be expelled, returned or extradited
Duties of the Arresting, Detaining, and Investigating Officers, and Providing Penalties for
to another State where there are substantial grounds to believe that such person shall be
Violations Thereof’; Republic Act No. 9745, otherwise known as "An Act Penalizing Torture
in danger of being subjected to enforced or involuntary disappearance. For purposes of
and Other Cruel, Inhuman and Degrading Treatment or Punishment, and Prescribing
determining whether such grounds exist, the Secretary of the Department, of Foreign
Penalties Therefor"; and applicable provisions of the Revised Penal Code.
Affairs (DFA) and the Secretary of the Department of Justice (DOJ) in coordination with
Section 19. Nonexclusivity or Double Jeopardy Under International Law. – Any the Chairperson of the CHR, shall take into account all relevant considerations including
investigation, trial and decision in any Philippines court, or body for any violation of this where applicable and not limited to, the existence in the requesting State of a consistent
Act shall; be without prejudice to any investigation, trial, decision or any other legal or pattern of gross, flagrant or mass violations of human rights.
administrative process before any appropriate international court or agency under
Section 26. Restitution and Compensation to Victims of Enforced or Involuntary
applicable international human rights and humanitarian law.
Disappearance and/or Their Immediate Relatives. –The victims of enforced or involuntary
Section 20. Exemption from Prosecution. – Any offender who volunteers information that disappearance who surface alive shall be entitled to monetary compensation,
leads to the discovery of the victim of enforced or involuntary disappearance or the rehabilitation and restitution of honor and reputation. Such restitution of honor and
prosecution of the offenders without the victim being found shall be exempt from any reputation shall include immediate expunging or rectification of any derogatory record,
criminal and/or civil liability under this Act: Provided, That said offender does not appear information or public declaration/statement on his or her person, personal circumstances,
to be the most guilty. status, and/or organizational affiliation by the appropriate government or private agency
or agencies concerned.
Section 21. Continuing Offense. – An act constituting enforced or involuntary
disappearance shall be considered a continuing offense as long as the perpetrators The immediate relatives of a victim of enforced or involuntary disappearance, within the
continue to conceal the fate and whereabouts of the disappeared person and such fourth civil degree of consanguinity or affinity, may also claim for compensation as
circumstances have not been determined with certainty. provided for under Republic Act No. 7309, entitled "An Act Creating a Board of Claims

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under the Department of Justice for Victims of Unjust Imprisonment or Detention and
Victims of Violent Crimes and For Other Purposes", and other relief programs of the
government.

The package of indemnification for both the victims and the immediate relatives within
the fourth civil degree of consanguinity or affinity shall be without prejudice to other legal
remedies that may be available to them.

Section 27. Rehabilitation of Victims and/or Their Immediate Relatives, and Offenders.

–  In order that the victims of enforced or involuntary disappearance who surfaced alive
and/or their immediate relatives within the fourth civil degree of consanguinity or affinity,
may be effectively reintegrated into the mainstream of society and in the process of
development, the State, through the CHR, in coordination with the Department of Health,
the Department of Social Welfare and Development (DSWD) and the concerned
nongovernment organization/s, shall provide them with appropriate medical care and
rehabilitation free of charge.

Toward the attainment of restorative justice, a parallel rehabilitation program for persons
who have committed enforced or involuntary disappearance shall likewise be
implemented without cost to such offenders.

Section 28. Implementing Rules and Regulations. – Within thirty (30) days from the
effectivity of this Act, the DOJ, the DSWD, the CHR, the Families of Victims of Involuntary
Disappearance (FIND) and the Families of Desaparecidos for Justice (Desaparecidos), in
consultation with other human rights organizations, shall jointly promulgate the rules and
regulations for the effective implementation of this Act and shall ensure the full
dissemination of the same to the public.

Section 29. Suppletory Applications. – The applicable provisions of the Revised Penal Code
shall have suppletory application insofar as they are consistent with the provisions of this
Act.

Section 30. Appropriations. –The amount of Ten million pesos (P10,000,000.00) is hereby

appropriated for the initial implementation of this Act by the CHR. Subsequent fluids for
the continuing implementation of this Act shall be included in the respective budgets of
the CHR and the DOJ in the annual General Appropriations Act.

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